89R13756 SCF-D
 
  By: Hinojosa H.B. No. 5284
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to considerations in awarding contracts under the Medicaid
  managed care program to managed care organizations that are public
  benefit corporations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 540.0204, Government Code, as effective
  April 1, 2025, is amended to read as follows:
         Sec. 540.0204.  CONTRACT CONSIDERATIONS RELATING TO MANAGED
  CARE ORGANIZATIONS.  (a)  In awarding contracts to managed care
  organizations, the commission shall:
               (1)  give preference to an organization that has
  significant participation in the organization's provider network
  from each health care provider in the region who has traditionally
  provided care to Medicaid and charity care patients;
               (2)  give extra consideration to an organization that
  agrees to assure continuity of care for at least three months beyond
  a recipient's Medicaid eligibility period;
               (3)  consider the need to use different managed care
  plans to meet the needs of different populations; and
               (4)  consider the ability of an organization to process
  Medicaid claims electronically.
         (b)  In awarding contracts to managed care organizations,
  the commission shall:
               (1)  if an organization is a public benefit
  corporation, as defined by Section 21.952, Business Organizations
  Code, apply a five percent increase to the bid score assigned to the
  organization for purposes of awarding a contract under this
  chapter; and
               (2)  if two or more bids receive the same score, give
  preference to the organization that is a public benefit
  corporation.
         SECTION 2.  Section 540.0204, Government Code, as amended by
  this Act, applies only to a contract awarded by the Health and Human
  Services Commission to a managed care organization on or after the
  effective date of this Act.
         SECTION 3.  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 4.  This Act takes effect September 1, 2025.