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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Health and Human Services |
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Commission to retain certain money received by the commission to |
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administer certain Medicaid programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.021135 to read as follows: |
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Sec. 531.021135. COMMISSION'S AUTHORITY TO RETAIN CERTAIN |
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MONEY TO ADMINISTER CERTAIN MEDICAID PROGRAMS. (a) In this |
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section, "directed payment program" means a delivery system and |
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provider patient initiative implemented by this state under 42 |
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C.F.R. Section 438.6(c). |
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(b) This section applies only to money the commission |
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receives from a source other than the general revenue fund to |
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operate a waiver program established under Section 1115 of the |
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federal Social Security Act (42 U.S.C. Section 1315) or a directed |
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payment program or successor program as determined by the |
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commission. |
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(c) The commission may retain from money to which this |
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section applies an amount equal to the estimated costs necessary to |
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administer the program for which the money is received, but not to |
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exceed one percent of the total amount estimated to be received for |
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the program. The commission shall spend money retained under this |
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section as provided by the General Appropriations Act and other |
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applicable law. |
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(d) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. 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 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |