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A BILL TO BE ENTITLED
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AN ACT
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relating to assignment or transfer of certain contracts with |
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managed care organizations under Medicaid and the child health plan |
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program. |
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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 531.06965 to read as follows: |
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Sec. 531.06965. ASSIGNMENT OR TRANSFER OF CERTAIN MANAGED |
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CARE ORGANIZATION CONTRACTS. (a) In this section: |
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(1) "Managed care organization" means a Medicaid |
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managed care organization and a managed care organization that |
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contracts with the commission to provide health care services to |
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child health plan program enrollees. |
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(2) "Terminating managed care organization" means a |
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managed care organization that notifies the commission in writing |
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or otherwise of the organization's intent to terminate the |
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organization's contract with the commission to provide health care |
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services to Medicaid recipients or child health plan program |
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enrollees. |
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(b) The commission shall develop a process to assign or |
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transfer a contract from a terminating managed care organization to |
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a managed care organization currently under contract with the |
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commission if the commission determines that the termination: |
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(1) puts the commission at risk of violating a state or |
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federal law or regulation; |
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(2) jeopardizes the health and safety of Medicaid |
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recipients or child health plan program enrollees; or |
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(3) otherwise impedes the most cost-effective |
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delivery of capitated managed care under the applicable program. |
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(c) Notwithstanding any other law, the provisions of |
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Chapter 2155 do not apply to the assignment or transfer of a |
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contract through the process the commission develops under this |
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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, 2021. |