| 1 | 1 | | By: Perry (Senate Sponsor - Duncan) H.B. No. 2722 |
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| 2 | 2 | | (In the Senate - Received from the House May 16, 2011; |
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| 3 | 3 | | May 16, 2011, read first time and referred to Committee on Health |
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| 4 | 4 | | and Human Services; May 20, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 7, Nays 0; May 20, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the state Medicaid program as the payor of last resort. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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| 13 | 13 | | is amended by adding Section 32.04242 to read as follows: |
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| 14 | 14 | | Sec. 32.04242. PAYOR OF LAST RESORT. The executive |
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| 15 | 15 | | commissioner of the Health and Human Services Commission shall |
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| 16 | 16 | | adopt rules to ensure, to the extent allowed by federal law, that |
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| 17 | 17 | | the Medicaid program: |
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| 18 | 18 | | (1) is the payor of last resort; and |
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| 19 | 19 | | (2) provides reimbursement for services, including |
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| 20 | 20 | | long-term care services, only if, and to the extent, other adequate |
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| 21 | 21 | | public or private sources of payment are not available. |
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| 22 | 22 | | SECTION 2. If before implementing any provision of this Act |
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| 23 | 23 | | a state agency determines that a waiver or authorization from a |
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| 24 | 24 | | federal agency is necessary for implementation of that provision, |
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| 25 | 25 | | the agency affected by the provision shall request the waiver or |
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| 26 | 26 | | authorization and may delay implementing that provision until the |
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| 27 | 27 | | waiver or authorization is granted. |
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| 28 | 28 | | SECTION 3. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 31 | 31 | | Act does not receive the vote necessary for immediate effect, this |
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| 32 | 32 | | Act takes effect September 1, 2011. |
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| 33 | 33 | | * * * * * |
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