84R5413 EES-D
By: Guerra H.B. No. 3023
A BILL TO BE ENTITLED
AN ACT
relating to a provider's right to an administrative hearing on a
proposed recoupment of an overpayment or debt by the office of
inspector general for the Health and Human Services Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.1201(a), Government Code, is amended
to read as follows:
(a) A provider must request an appeal under this section not
later than the 15th day after the date the provider is notified that
the commission or the commission's office of inspector general will
seek to recover an overpayment or debt from the provider. On
receipt of a timely written request by a provider who is the subject
of a recoupment of overpayment or recoupment of debt arising out of
a fraud or abuse investigation, the office of inspector general
shall file a docketing request with the State Office of
Administrative Hearings [or the Health and Human Services
Commission appeals division, as requested by the provider,] for an
administrative hearing regarding the proposed recoupment amount
and any associated damages or penalties. The office shall file the
docketing request under this section not later than the 60th day
after the date of the provider's request for an administrative
hearing or not later than the 60th day after the completion of the
informal resolution process, if applicable.
SECTION 2. Section 531.1201(a), Government Code, as amended
by this Act, applies to a proposed recoupment of an overpayment or
debt that a provider is notified of by the office of the inspector
general for the Health and Human Services Commission on or after the
effective date of this Act. A proposed recoupment of an overpayment
or debt that a provider is notified of before the effective date of
this Act is governed by the law in effect when the provider was
notified, 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, 2015.