By: Hinojosa, Lucio S.B. No. 2138
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Health and Human Services
Commission to retain certain money received by the commission to
administer certain Medicaid programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.021135 to read as follows:
Sec. 531.021135. COMMISSION'S AUTHORITY TO RETAIN CERTAIN
MONEY TO ADMINISTER CERTAIN MEDICAID PROGRAMS. (a) In this
section, "directed payment program" means a delivery system and
provider patient initiative implemented by this state under 42
C.F.R. Section 438.6(c).
(b) This section applies only to money the commission
receives from a source other than the general revenue fund to
operate a waiver program established under Section 1115 of the
federal Social Security Act (42 U.S.C. Section 1315) or a directed
payment program or successor program as determined by the
commission.
(c) The commission may retain from money to which this
section applies an amount equal to the estimated costs necessary to
administer the program for which the money is received, but not to
exceed one percent of the total amount estimated to be received for
the program. The commission shall spend money retained under this
section as provided by the General Appropriations Act and other
applicable law.
(d) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 2. 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 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.