88R4416 KKR-D
 
  By: Campos, Garcia H.B. No. 1290
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confiscation or misappropriation by a nursing
  facility of certain federal payments to a Medicaid recipient;
  increasing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 242, Health and Safety
  Code, is amended by adding Section 242.0661 to read as follows:
         Sec. 242.0661.  ADMINISTRATIVE PENALTY FOR CONFISCATION OR
  MISAPPROPRIATION OF FEDERAL PAYMENTS. (a) In this section:
               (1)  "Eligible federal payment" means a payment made to
  an individual by the federal government that is not designated by
  law as income or a resource for purposes of an individual's Medicaid
  eligibility.
               (2)  "Medicaid" means the medical assistance program
  established under Chapter 32, Human Resources Code.
               (3)  "Misappropriate" means the taking, secretion,
  misapplication, deprivation, transfer, or attempted transfer to
  any person not entitled to receive any real or personal property or
  anything of value belonging to or under the legal control of a
  resident without the effective consent of the resident or other
  appropriate legal authority.
         (b)  A facility may not confiscate or misappropriate an
  eligible federal payment made to a resident who is a recipient of
  Medicaid. Notwithstanding Section 242.066(b), a facility that
  violates this section is subject to an administrative penalty in
  the amount equal to $25,000 for each violation. Each day the
  facility fails to return confiscated or misappropriated money to
  the resident constitutes a separate violation.
         SECTION 2.  Section 242.0661, Health and Safety Code, as
  added by this Act, applies only to conduct that occurs on or after
  the effective date of this Act. Conduct that occurs before that
  date is governed by the law in effect on the date the conduct
  occurred, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2023.