86R9865 KFF-D
By: Muñoz, Jr. H.B. No. 3700
A BILL TO BE ENTITLED
AN ACT
relating to the provision of Medicaid benefits under a
fee-for-service delivery model.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.0212, Human Resources Code, is
amended to read as follows:
Sec. 32.0212. DELIVERY OF MEDICAL ASSISTANCE. (a)
Notwithstanding any other law and subject to Subsection (b)
[Section 533.0025, Government Code], the commission shall provide
medical assistance solely through a fee-for-service delivery model
[for acute care services through the Medicaid managed care system
implemented under Chapter 533, Government Code, or another Medicaid
capitated managed care program].
(b) Not later than September 1, 2021, the commission shall
complete the transition of the delivery of medical assistance under
a managed care delivery model to the fee-for-service model used to
deliver medical assistance before the implementation of managed
care delivery models, including before the implementation of the
changes in law relating to the delivery of medical assistance
benefits through a managed care delivery model under:
(1) Chapter 7 (S.B. 7), Acts of the 82nd Legislature,
1st Called Session, 2011; and
(2) Chapter 1310 (S.B. 7), Acts of the 83rd
Legislature, Regular Session, 2013.
(c) The executive commissioner by rule shall adopt a
transition plan for purposes of implementing this section.
(d) Not later than November 1, 2020, the commission shall
submit a report to the governor, lieutenant governor, speaker of
the house of representatives, and the legislature regarding the
transition plan required by Subsection (c) and the implementation
of this section together with any recommendations regarding
required legislation.
(e) To the extent practicable considering the differences
between the fee-for-service and managed care delivery models for
delivering medical assistance, a provision of law requiring or
authorizing an action under the managed care delivery model shall
be construed as applying to the fee-for-service delivery model, and
the commission shall make or allow any modifications necessary for
that construction.
SECTION 2. Effective September 1, 2021, Chapters 533 and
534, Government Code, are repealed.
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, 2019.