83R1265 EES-D
By: Hinojosa S.B. No. 1446
A BILL TO BE ENTITLED
AN ACT
relating to the payment of individuals employed by recovery audit
contractors to identify underpayments and overpayments under the
Medicaid program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.117, Government Code, is amended to
read as follows:
Sec. 531.117. RECOVERY AUDIT CONTRACTORS. (a) To the
extent required under Section 1902(a)(42), Social Security Act (42
U.S.C. Section 1396a(a)(42)), the commission shall establish a
program under which the commission contracts with one or more
recovery audit contractors for purposes of identifying
underpayments and overpayments under the Medicaid program and
recovering the overpayments.
(b) To the extent allowed by federal law, an individual
employed by a recovery audit contractor to identify underpayments
and overpayments under the Medicaid program may not be paid based on
a percentage of any overpayments identified by the individual and
recovered by the recovery audit contractor.
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.