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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 86th |
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Legislature, 2019, That Senate Rule 12.03 be suspended in part as |
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provided by Senate Rule 12.08 to enable the conference committee |
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appointed to resolve the differences on Senate Bill 1207 (the |
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operation and administration of Medicaid, including the Medicaid |
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managed care program and the medically dependent children (MDCP) |
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waiver program) to consider and take action on the following |
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matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following SECTION to |
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the bill: |
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SECTION 2. Section 531.024, Government Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The rules promulgated under Subsection (a)(7) must |
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provide due process to an applicant for Medicaid services and to |
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a Medicaid recipient who seeks a Medicaid service, including a |
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service that requires prior authorization. The rules must |
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provide the protections for applicants and recipients required |
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by 42 C.F.R. Part 431, Subpart E, including requiring that: |
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(1) the written notice to an individual of the |
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individual's right to a hearing must: |
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(A) contain an explanation of the |
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circumstances under which Medicaid is continued if a hearing is |
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requested; and |
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(B) be delivered by mail, and postmarked |
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[mailed] at least 10 business days, before the date the |
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individual's Medicaid eligibility or service is scheduled to be |
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terminated, suspended, or reduced, except as provided by 42 |
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C.F.R. Section 431.213 or 431.214; and |
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(2) if a hearing is requested before the date a |
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Medicaid recipient's service, including a service that requires |
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prior authorization, is scheduled to be terminated, suspended, |
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or reduced, the agency may not take that proposed action before a |
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decision is rendered after the hearing unless: |
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(A) it is determined at the hearing that the |
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sole issue is one of federal or state law or policy; and |
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(B) the agency promptly informs the recipient |
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in writing that services are to be terminated, suspended, or |
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reduced pending the hearing decision. |
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(c) The commission shall develop a process to address a |
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situation in which: |
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(1) an individual does not receive adequate notice |
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as required by Subsection (b)(1); or |
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(2) the notice required by Subsection (b)(1) is |
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delivered without a postmark. |
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Explanation: This addition is necessary to change the |
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requirements for notice of a right to a hearing for an applicant |
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for Medicaid services and a Medicaid recipient. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following text to |
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SECTION 3 of the bill: |
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(a) To the extent of any conflict, Section 531.024162, |
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Government Code, as added by this section, prevails over any |
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provision of another Act of the 86th Legislature, Regular |
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Session, 2019, relating to notice requirements regarding |
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Medicaid coverage or prior authorization denials or incomplete |
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requests, that becomes law. |
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Explanation: This addition is necessary to provide that |
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the amendment adding Section 531.024162, Government Code, |
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prevails over other similar amendments made by the 86th |
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Legislature. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 26, 2019, by the |
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following vote: Yeas 31, Nays 0. |
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_______________________________ |
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Secretary of the Senate |