| 1 | 1 | | By: Frank H.B. No. 4426 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to authority of the Health and Human Services Commission |
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| 7 | 7 | | to retain portion of appropriated funds to pay for implementation |
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| 8 | 8 | | of certain health care programs under the Medicaid program. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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| 11 | 11 | | amended by adding Section 531.021135 to read as follows: |
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| 12 | 12 | | Sec. 531.021135. AUTHORITY TO RETAIN PORTION OF FUNDS TO |
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| 13 | 13 | | PAY FOR IMPLEMENTATION OF CERTAIN PROGRAMS UNDER THE MEDICAID |
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| 14 | 14 | | PROGRAM. (a) The commission may retain and spend as provided by |
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| 15 | 15 | | general appropriation an amount not to exceed one percent of the |
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| 16 | 16 | | funds received for the operation of Section 1115 waiver programs |
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| 17 | 17 | | and directed payment programs as authorized by federal law, as well |
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| 18 | 18 | | as any successor programs as determined by the commission, to pay |
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| 19 | 19 | | for implementation of those health care programs. |
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| 20 | 20 | | (b) The executive commissioner shall adopt rules to |
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| 21 | 21 | | implement this section. |
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| 22 | 22 | | SECTION 2. If before implementing any provision of this Act |
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| 23 | 23 | | a state agency determines that a waiver or authorization from a |
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| 24 | 24 | | federal agency is necessary for implementation of that provision, |
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| 25 | 25 | | the agency affected by the provision shall request the waiver or |
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| 26 | 26 | | authorization and may delay implementing that provision until the |
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| 27 | 27 | | waiver or authorization is granted. |
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| 28 | 28 | | SECTION 3. This Act takes effect immediately if it receives |
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| 29 | 29 | | a vote of two-thirds of all the members elected to each house, as |
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| 30 | 30 | | provided by Section 39, Article III, Texas Constitution. |
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| 31 | 31 | | If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2019. |
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