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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; REPORT REQUIRED. |
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(a) In this section, "directed payment program" means a delivery |
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system and provider patient initiative implemented by this state |
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under 42 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) Subject to Subsection (e), the commission may retain |
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from money to which this section applies an amount equal to the |
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estimated costs necessary to administer the program for which the |
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money is received, but not to exceed $8 million for a state fiscal |
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biennium. |
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(d) The commission shall spend money retained under this |
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section to assist in paying the costs necessary to administer the |
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program for which the money is received, except that the commission |
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may not use the money to pay any type of administrative cost that, |
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before June 1, 2019, was funded with general revenue. |
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(e) If the commission determines that the commission needs |
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additional money to administer a program described by Subsection |
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(b), the commission may, with the approval of the governor and the |
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Legislative Budget Board, retain not more than an additional 0.25 |
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percent of the total amount estimated to be received for the |
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program. |
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(f) The commission shall submit an annual report to the |
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governor and the Legislative Budget Board that: |
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(1) details the amount of money retained and spent by |
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the commission under this section during the preceding state fiscal |
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year, including a separate detail of any increase in the amount of |
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money retained for a program under Subsection (e); |
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(2) contains a transparent description of how the |
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commission used the money described by Subdivision (1); and |
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(3) assesses the extent to which the money retained by |
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the commission under this section covered the estimated costs to |
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administer the applicable program and states whether, based on that |
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assessment, the commission adjusted or considered adjustments to |
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the amount retained. |
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(g) 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. |