83R15096 JSL-F
By: Goldman, Callegari H.B. No. 2158
Substitute the following for H.B. No. 2158:
By: Zedler C.S.H.B. No. 2158
A BILL TO BE ENTITLED
AN ACT
relating to the period of ineligibility from participation in the
Medicaid program by providers found liable for certain unlawful
acts under the program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.005, Human Resources Code, is amended
by amending Subsection (b-1) and adding Subsections (b-3) and (f)
to read as follows:
(b-1) The period of ineligibility begins on the date on
which a trial court enters a judgment finding the provider liable
under Section 36.052 [the determination that the provider is liable
becomes final].
(b-3) Notwithstanding Subsection (b-1), the period of
ineligibility for a physician, a physician organization, or an
individual licensed by a health care regulatory agency begins on
the date on which the determination that the physician, physician
organization, or individual is liable becomes final and all appeals
relating to that determination are exhausted or waived.
(f) For purposes of Subsection (b-3):
(1) "Health care regulatory agency" has the meaning
assigned by Section 774.001, Government Code.
(2) "Physician organization" means:
(A) a professional association composed solely
of physicians;
(B) a single legal entity authorized to practice
medicine in this state and owned by two or more physicians;
(C) a nonprofit health corporation certified
under Chapter 162, Occupations Code; or
(D) a partnership composed solely of physicians.
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 September 1, 2013.