| 1 | 1 | | 86R10370 MM-D |
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| 2 | 2 | | By: West S.B. No. 1191 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain requirements regarding Medicaid fair hearings. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 531, Government Code, is |
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| 10 | 10 | | amended by adding Section 531.0194 to read as follows: |
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| 11 | 11 | | Sec. 531.0194. MEDICAID FAIR HEARING REQUIREMENTS. (a) |
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| 12 | 12 | | The executive commissioner by rule shall require a hearing officer |
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| 13 | 13 | | who conducts a Medicaid fair hearing to be: |
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| 14 | 14 | | (1) an advanced practice registered nurse, as defined |
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| 15 | 15 | | by Section 301.152, Occupations Code; or |
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| 16 | 16 | | (2) a health care provider with a higher level of |
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| 17 | 17 | | education and training than an advanced practice registered nurse, |
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| 18 | 18 | | as determined by the executive commissioner. |
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| 19 | 19 | | (b) For each Medicaid fair hearing, the commission shall |
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| 20 | 20 | | collect data regarding the hearing, including the identity and |
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| 21 | 21 | | decision of the hearing officer. The commission shall publish the |
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| 22 | 22 | | data collected under this subsection in a searchable format on the |
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| 23 | 23 | | commission's Internet website, except that the commission may not |
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| 24 | 24 | | publish information that identifies a Medicaid recipient involved |
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| 25 | 25 | | in a Medicaid fair hearing or any information that is confidential |
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| 26 | 26 | | under state or federal law. |
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| 27 | 27 | | SECTION 2. If before implementing any provision of this Act |
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| 28 | 28 | | a state agency determines that a waiver or authorization from a |
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| 29 | 29 | | federal agency is necessary for implementation of that provision, |
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| 30 | 30 | | the agency affected by the provision shall request the waiver or |
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| 31 | 31 | | authorization and may delay implementing that provision until the |
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| 32 | 32 | | waiver or authorization is granted. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2019. |
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