By: Schwertner S.B. No. 1385
A BILL TO BE ENTITLED
AN ACT
relating to the authorization of the imposition of administrative
penalties on providers participating in certain Medicaid waiver
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 161, Human Resources Code,
is amended by adding Section 161.088 to read as follows:
Sec. 161.088. ADMINISTRATIVE PENALTIES. (a) This section
applies to the following waiver programs established under Section
1915(c), Social Security Act (42 U.S.C. Section 1396n(c)), and
administered by the department to serve persons with an
intellectual or developmental disability:
(1) the home and community-based services (HCS) waiver
program; and
(2) the Texas home living (TxHmL) waiver program.
(b) The department may assess and collect an administrative
penalty against a provider who participates in a program to which
this section applies for a violation of a law, including a rule, or
department policy relating to the program.
(c) After consulting with the department, the executive
commissioner shall develop and adopt rules regarding the imposition
of administrative penalties under this section. The rules must:
(1) include criteria that describe:
(A) the types of violations that warrant
imposition of an administrative penalty; and
(B) the method by which the department may assess
an administrative penalty;
(2) prescribe reasonable amounts to be imposed for
each violation giving rise to an administrative penalty;
(3) ensure standard and consistent application of
administrative penalties throughout the state; and
(4) provide for an administrative appeals process to
adjudicate claims and appeals relating to the imposition of an
administrative penalty under this section that is in accordance
with Chapter 2001, Government Code.
(d) Rules adopted under this section may authorize the
imposition of an administrative penalty, with interest, for a
minimum penalty period or on a subsequent per diem basis.
SECTION 2. The Department of Aging and Disability Services
may impose an administrative penalty in accordance with Section
161.088, Human Resources Code, as added by this Act, only for
conduct that occurs on or after the effective date of this Act.
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.