79R6643 RMB-F

By:  Edwards                                                      H.B. No. 1616



A BILL TO BE ENTITLED

AN ACT

relating to payments made to certain dentists under the medical 
assistance program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 32.054, Human Resources Code, is amended 
by adding Subsection (f) to read as follows:
	(f)  The department may not require a dentist participating 
in the medical assistance program to return payments provided under 
the medical assistance program solely on the ground that the 
payments were made for services performed by the dentist at a time 
that the dentist's license had lapsed due to failure to pay the 
required license renewal fee if the dentist is licensed in good 
standing as a dentist at the time the department seeks repayment, 
including repayment through the recoupment program.
	SECTION 2.  If before implementing any provision of this Act 
a state agency determines that a waiver or authorization from a 
federal agency is necessary for implementation of that provision, 
the agency affected by the provision shall request the waiver or 
authorization and may delay implementing that provision until the 
waiver or authorization is granted.
	SECTION 3.  Section 32.054(f), Human Resources Code, as 
added by this Act, applies to any payment recovery action taken by 
the Health and Human Services Commission on or after the effective 
date of this Act, regardless of the date on which the payment was 
made.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.