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  83R1265 EES-D
 
  By: Hinojosa S.B. No. 1446
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the payment of individuals employed by recovery audit
  contractors to identify underpayments and overpayments under the
  Medicaid program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.117, Government Code, is amended to
  read as follows:
         Sec. 531.117.  RECOVERY AUDIT CONTRACTORS.  (a) To the
  extent required under Section 1902(a)(42), Social Security Act (42
  U.S.C. Section 1396a(a)(42)), the commission shall establish a
  program under which the commission contracts with one or more
  recovery audit contractors for purposes of identifying
  underpayments and overpayments under the Medicaid program and
  recovering the overpayments.
         (b)  To the extent allowed by federal law, an individual
  employed by a recovery audit contractor to identify underpayments
  and overpayments under the Medicaid program may not be paid based on
  a percentage of any overpayments identified by the individual and
  recovered by the recovery audit contractor.
         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.  This Act takes effect September 1, 2013.