LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION May 4, 2015 TO: Honorable Richard Peña Raymond, Chair, House Committee on Human Services FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB1385 by Schwertner (Relating to the authorization of the imposition of administrative penalties on providers participating in certain Medicaid waiver programs.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would authorize the Department of Aging and Disability Services (DADS) to assess and collect administrative penalties from providers participating in the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) waiver programs for violations of law, including a rule, or DADS policy. Administrative penalties could only be imposed for actions occurring on or after September 1, 2015 (the bill's effective date). The executive commissioner of the Health and Human Services Commission would be required to adopt rules regarding the imposition of penalties, including the amount of any penalty. The bill directs the agencies to seek any necessary federal waiver or authorization and allows them to delay implementation until approval is received.According to DADS, there were 33 sanctions against HCS or TxHmL providers in fiscal year 2013 and 37 in fiscal year 2014. It is assumed that the amount of any administrative penalty would be nominal and the number of violations would be similar to the number of sanctions in recent history. At these levels, no significant fiscal impact is anticipated. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies:529 Health and Human Services Commission, 539 Aging and Disability Services, Department of LBB Staff: UP, NB, LR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
May 4, 2015
TO: Honorable Richard Peña Raymond, Chair, House Committee on Human Services FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB1385 by Schwertner (Relating to the authorization of the imposition of administrative penalties on providers participating in certain Medicaid waiver programs.), As Engrossed
TO: Honorable Richard Peña Raymond, Chair, House Committee on Human Services
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: SB1385 by Schwertner (Relating to the authorization of the imposition of administrative penalties on providers participating in certain Medicaid waiver programs.), As Engrossed
Honorable Richard Peña Raymond, Chair, House Committee on Human Services
Honorable Richard Peña Raymond, Chair, House Committee on Human Services
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
SB1385 by Schwertner (Relating to the authorization of the imposition of administrative penalties on providers participating in certain Medicaid waiver programs.), As Engrossed
SB1385 by Schwertner (Relating to the authorization of the imposition of administrative penalties on providers participating in certain Medicaid waiver programs.), As Engrossed
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would authorize the Department of Aging and Disability Services (DADS) to assess and collect administrative penalties from providers participating in the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) waiver programs for violations of law, including a rule, or DADS policy. Administrative penalties could only be imposed for actions occurring on or after September 1, 2015 (the bill's effective date). The executive commissioner of the Health and Human Services Commission would be required to adopt rules regarding the imposition of penalties, including the amount of any penalty. The bill directs the agencies to seek any necessary federal waiver or authorization and allows them to delay implementation until approval is received.According to DADS, there were 33 sanctions against HCS or TxHmL providers in fiscal year 2013 and 37 in fiscal year 2014. It is assumed that the amount of any administrative penalty would be nominal and the number of violations would be similar to the number of sanctions in recent history. At these levels, no significant fiscal impact is anticipated.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 529 Health and Human Services Commission, 539 Aging and Disability Services, Department of
529 Health and Human Services Commission, 539 Aging and Disability Services, Department of
LBB Staff: UP, NB, LR
UP, NB, LR