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A BILL TO BE ENTITLED
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AN ACT
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relating to the authorization of the imposition of administrative |
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penalties on providers participating in certain Medicaid waiver |
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programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 161, Human Resources Code, |
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is amended by adding Section 161.088 to read as follows: |
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Sec. 161.088. ADMINISTRATIVE PENALTIES. (a) This section |
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applies to the following waiver programs established under Section |
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1915(c), Social Security Act (42 U.S.C. Section 1396n(c)), and |
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administered by the department to serve persons with an |
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intellectual or developmental disability: |
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(1) the home and community-based services (HCS) waiver |
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program; and |
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(2) the Texas home living (TxHmL) waiver program. |
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(b) The department may assess and collect an administrative |
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penalty against a provider who participates in a program to which |
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this section applies for a violation of a law, including a rule, or |
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department policy relating to the program. |
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(c) After consulting with the department, the executive |
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commissioner shall develop and adopt rules regarding the imposition |
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of administrative penalties under this section. The rules must: |
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(1) include criteria that describe: |
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(A) the types of violations that warrant |
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imposition of an administrative penalty; and |
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(B) the method by which the department may assess |
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an administrative penalty; |
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(2) prescribe reasonable amounts to be imposed for |
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each violation giving rise to an administrative penalty; |
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(3) ensure standard and consistent application of |
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administrative penalties throughout the state; and |
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(4) provide for an administrative appeals process to |
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adjudicate claims and appeals relating to the imposition of an |
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administrative penalty under this section that is in accordance |
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with Chapter 2001, Government Code. |
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(d) Rules adopted under this section may authorize the |
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imposition of an administrative penalty, with interest, for a |
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minimum penalty period or on a subsequent per diem basis. |
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SECTION 2. The Department of Aging and Disability Services |
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may impose an administrative penalty in accordance with Section |
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161.088, Human Resources Code, as added by this Act, only for |
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conduct that occurs on or after the effective date of this Act. |
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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, 2015. |