83R6876 KKR-D
By: Kolkhorst H.B. No. 3195
A BILL TO BE ENTITLED
AN ACT
relating to the review of certain administrative hearings conducted
by health and human services agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.019, Government Code, is amended by
amending Subsections (c) and (e) and adding Subsections (c-1) and
(c-2) to read as follows:
(c) Before an applicant for or recipient of public
assistance benefits may appeal a decision of a hearing officer for
the commission or a health and human services agency related to
those benefits, the applicant or recipient must request an
administrative review by an appropriate attorney of the commission
or a health and human services agency, as applicable, in accordance
with rules of the executive commissioner. Subject to Subsection
(c-1), not [Not] later than the 15th business day after the date the
attorney receives the request for administrative review, the
attorney shall complete an administrative review of the decision
and notify the applicant or recipient in writing of the results of
that review.
(c-1) If the attorney performing the administrative review
under Subsection (c) determines that the hearing officer's decision
resulted in an exception to the affected agency's or program's
policies, the attorney shall forward, not later than the 15th
business day after making that determination, the decision to the
executive commissioner or commissioner for a final review under
Subsection (c-2).
(c-2) The executive commissioner or commissioner, not later
than the fifth business day after the date of receipt of a decision
under Subsection (c-1), shall complete a review of the decision to
determine if the decision should be affirmed or reversed and notify
the applicant or recipient in writing of the results of that review.
(e) For purposes of Section 2001.171, an applicant for or
recipient of public assistance benefits has exhausted all available
administrative remedies and a decision, including a decision under
Section 31.034 or 32.035, Human Resources Code, is final and
appealable on the date that, after a hearing:
(1) the hearing officer for the commission or a health
and human services agency reaches a final decision related to the
benefits; [and]
(2) the appropriate attorney completes an
administrative review of the decision and notifies the applicant or
recipient in writing of the results of that review; and
(3) if applicable, the executive commissioner or the
commissioner completes a final review of the decision and notifies
the applicant or recipient in writing of the results of that review.
SECTION 2. Subchapter A, Chapter 531, Government Code, is
amended by adding Section 531.01905 to read as follows:
Sec. 531.01905. ADMINISTRATIVE REVIEW OF FAIR HEARING
DECISIONS. (a) In this section:
(1) "Administrative review" means a desk review
performed by an attorney for the commission or a health and human
services agency of a fair hearing decision related to benefits
provided under an assistance program under Chapter 31, 32, or 33,
Human Resources Code.
(2) "Fair hearing" means an informal proceeding held
before an impartial hearing officer of the commission in which an
applicant or client appeals an agency decision.
(3) "Procedural review" means a desk review performed
by an attorney for the commission or a health and human services
agency of a fair hearing decision related to an agency program other
than an assistance program under Chapter 31, 32, or 33, Human
Resources Code.
(b) If an administrative or procedural review shows that a
fair hearing decision resulted in an exception to the affected
agency's or program's policies, the attorney performing the review
shall forward the decision to the executive commissioner or
commissioner, as applicable, of the agency, who shall review the
decision.
(c) The executive commissioner or commissioner, as
applicable, of the agency, not later than the fifth business day
after receipt of a fair hearing decision forwarded under Subsection
(b), shall complete a review of the decision to determine if the
decision should be affirmed or reversed and notify the affected
benefits applicant or recipient in writing of the results of that
review.
(d) If after review the executive commissioner or
commissioner, as applicable, of the agency affirms a fair hearing
decision forwarded under Subsection (b), the decision is effective
for not more than 12 months after the date of the fair hearing
decision.
(e) Not later than September 1 of each even-numbered year,
the executive commissioner and the commissioner of each health and
human services agency shall each provide a report to the standing
committees of the senate and house of representatives having
primary jurisdiction over health and human services agency programs
that states:
(1) the number of decisions reviewed by the executive
commissioner or commissioner, as applicable, during the preceding
two-year period;
(2) the number of reviewed decisions affirmed by the
executive commissioner or commissioner, as applicable, during the
preceding two-year period; and
(3) the total cost to the agency resulting from the
decisions affirmed by the executive commissioner or commissioner,
as applicable, during the preceding two-year period.
SECTION 3. Section 531.019, Government Code, as amended by
this Act, and Section 531.01905, Government Code, as added by this
Act, apply only to a fair hearing decision made on or after the
effective date of this Act. A fair hearing decision made before the
effective date of this Act is governed by the law in effect on the
date the decision was made, and the former law is continued in
effect for that purpose.
SECTION 4. The executive commissioner of the Health and
Human Services Commission and the commissioners of each health and
human services agency, as defined by Section 531.001, Government
Code, shall submit the initial reports required by Section
531.01905(e), Government Code, as added by this Act, on or before
September 1, 2014.
SECTION 5. 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 6. This Act takes effect September 1, 2013.