| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to access to criminal history record information for |
|
|
purposes of the Medicaid program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 411.1143, Government Code, as effective |
|
|
April 1, 2025, is amended by amending Subsection (a-1) and adding |
|
|
Subsection (e) to read as follows: |
|
|
(a-1) Criminal history record information the Health and |
|
|
Human Services Commission or the office of inspector general is |
|
|
authorized to obtain under Subsection (a) includes criminal history |
|
|
record information relating to: |
|
|
(1) a person that: |
|
|
(A) has a direct or indirect ownership interest, |
|
|
or a combination of direct and indirect ownership interests, that |
|
|
equals five percent or more in the provider or person applying to |
|
|
enroll as a provider; |
|
|
(B) owns an interest of five percent or more in a |
|
|
mortgage, deed of trust, promissory note, or other obligation |
|
|
secured by the provider or person applying to enroll as a provider |
|
|
if that interest equals at least five percent of the value of the |
|
|
property or other assets of the provider or person applying to |
|
|
enroll as a provider; |
|
|
(C) is an officer or director of the provider or |
|
|
person applying to enroll as a provider if that provider or |
|
|
applicant is organized as a corporation; or |
|
|
(D) is a partner in the provider or person |
|
|
applying to enroll as a provider if that provider or applicant is |
|
|
organized as a partnership [a person with a direct or indirect |
|
|
ownership or control interest, as defined by 42 C.F.R. Section |
|
|
455.101, in a provider of five percent or more]; and |
|
|
(2) a managing employee of the provider or person |
|
|
applying to enroll as a provider [a person whose information is |
|
|
required to be disclosed in accordance with 42 C.F.R. Part 1001]. |
|
|
(e) In this section: |
|
|
(1) "Managing employee," with respect to a provider or |
|
|
person applying to enroll as a provider, means an individual, |
|
|
including a general manager, business manager, administrator, or |
|
|
director, who: |
|
|
(A) exercises operational or managerial control |
|
|
over all or part of the provider or applicant; or |
|
|
(B) directly or indirectly conducts the daily |
|
|
operations of all or part of the provider or applicant. |
|
|
(2) "Medicaid agency" means the single state agency |
|
|
administering or supervising the administration of the state |
|
|
Medicaid plan. |
|
|
(3) "Ownership interest," with respect to a provider |
|
|
or person applying to enroll as a provider, means having equity in |
|
|
the provider's or applicant's capital, stock, or profits. |
|
|
(4) "Provider" means: |
|
|
(A) an individual or entity that provides |
|
|
Medicaid services under an agreement with the Medicaid agency; or |
|
|
(B) an individual or entity that engages in the |
|
|
delivery of health care services through the Medicaid managed care |
|
|
program and that is authorized by this state to deliver those |
|
|
services. |
|
|
SECTION 2. This Act takes effect April 1, 2025, if this Act |
|
|
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 effect on that |
|
|
date, this Act takes effect September 1, 2025. |