83R2760 EES-D
By: Hinojosa S.B. No. 785
A BILL TO BE ENTITLED
AN ACT
relating to a Medicaid provider's right to an administrative
hearing on an action taken by the office of inspector general for
the Health and Human Services Commission to recover overpayments
under the Medicaid program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 531, Government Code, is
amended by adding Section 531.118 to read as follows:
Sec. 531.118. HEARINGS ON ACTIONS TAKEN BY OFFICE OF
INSPECTOR GENERAL TO RECOVER CERTAIN OVERPAYMENTS UNDER MEDICAID
PROGRAM. (a) A Medicaid provider from whom the commission's office
of inspector general seeks to recover an overpayment made to the
provider under the Medicaid program is entitled to a hearing on a
determination made or other action taken by the office to recover
the overpayment. A hearing under this section is a contested case
hearing under Chapter 2001.
(b) The State Office of Administrative Hearings shall
conduct a hearing under this section. After the hearing, the
office, subject to Subsection (c), shall make a final determination
on the matter.
(c) A provider may appeal an order by the State Office of
Administrative Hearings to repay an amount greater than $50,000 by
filing a petition for judicial review in a district court of Travis
County. An appeal under this section is by trial de novo.
SECTION 2. Section 531.118, Government Code, as added by
this Act, applies to a determination made or other action taken on
or after the effective date of this Act by the office of the
inspector general for the Health and Human Services Commission to
recover an overpayment made to a Medicaid provider. A
determination made or other action taken before the effective date
of this Act is governed by the law in effect when the determination
was made or action was taken, and the former law is continued in
effect for that purpose.
SECTION 3. 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 4. This Act takes effect September 1, 2013.