By: Hinojosa  S.B. No. 2138
         (In the Senate - Filed March 7, 2019; March 21, 2019, read
  first time and referred to Committee on Health & Human Services;
  April 23, 2019, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 23, 2019,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2138 By:  Perry
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the authority of the Health and Human Services
  Commission to retain certain money received by the commission to
  administer certain Medicaid programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.021135 to read as follows:
         Sec. 531.021135.  COMMISSION'S AUTHORITY TO RETAIN CERTAIN
  MONEY TO ADMINISTER CERTAIN MEDICAID PROGRAMS.  (a)  In this
  section, "directed payment program" means a delivery system and
  provider patient initiative implemented by this state under 42
  C.F.R. Section 438.6(c).
         (b)  This section applies only to money the commission
  receives from a source other than the general revenue fund to
  operate a waiver program established under Section 1115 of the
  federal Social Security Act (42 U.S.C. Section 1315) or a directed
  payment program or successor program as determined by the
  commission.
         (c)  The commission may retain from money to which this
  section applies an amount equal to the estimated costs necessary to
  administer the program for which the money is received, but not to
  exceed one percent of the total amount estimated to be received for
  the program. The commission shall spend money retained under this
  section as provided by the General Appropriations Act and other
  applicable law.
         (d)  The executive commissioner shall adopt rules necessary
  to implement this section.
         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 immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
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