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A BILL TO BE ENTITLED
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AN ACT
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relating to a Medicaid provider's right to an administrative |
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hearing on an action taken by the office of inspector general for |
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the Health and Human Services Commission to recover overpayments |
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under the Medicaid program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 531, Government Code, is |
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amended by adding Section 531.118 to read as follows: |
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Sec. 531.118. HEARINGS ON ACTIONS TAKEN BY OFFICE OF |
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INSPECTOR GENERAL TO RECOVER CERTAIN OVERPAYMENTS UNDER MEDICAID |
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PROGRAM. (a) A Medicaid provider from whom the commission's office |
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of inspector general seeks to recover an overpayment made to the |
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provider under the Medicaid program is entitled to a hearing on a |
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determination made or other action taken by the office to recover |
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the overpayment. A hearing under this section is a contested case |
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hearing under Chapter 2001. |
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(b) The State Office of Administrative Hearings shall |
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conduct a hearing under this section. After the hearing, the |
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office, subject to Subsection (c), shall make a final determination |
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on the matter. |
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(c) A provider may appeal an order by the State Office of |
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Administrative Hearings to repay an amount greater than $50,000 by |
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filing a petition for judicial review in a district court of Travis |
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County. An appeal under this section is by trial de novo. |
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SECTION 2. Section 531.118, Government Code, as added by |
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this Act, applies to a determination made or other action taken on |
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or after the effective date of this Act by the office of the |
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inspector general for the Health and Human Services Commission to |
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recover an overpayment made to a Medicaid provider. A |
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determination made or other action taken before the effective date |
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of this Act is governed by the law in effect when the determination |
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was made or action was taken, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2013. |