By: Perry (Senate Sponsor - Duncan) H.B. No. 2722
(In the Senate - Received from the House May 16, 2011;
May 16, 2011, read first time and referred to Committee on Health
and Human Services; May 20, 2011, reported favorably by the
following vote: Yeas 7, Nays 0; May 20, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the state Medicaid program as the payor of last resort.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.04242 to read as follows:
Sec. 32.04242. PAYOR OF LAST RESORT. The executive
commissioner of the Health and Human Services Commission shall
adopt rules to ensure, to the extent allowed by federal law, that
the Medicaid program:
(1) is the payor of last resort; and
(2) provides reimbursement for services, including
long-term care services, only if, and to the extent, other adequate
public or private sources of payment are not available.
SECTION 2. 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 3. This Act takes effect immediately if it 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 immediate effect, this
Act takes effect September 1, 2011.
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