| 1 | 1 | | 87R5395 KKR-D |
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| 2 | 2 | | By: Campos H.B. No. 2449 |
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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 the confiscation or misappropriation by a nursing |
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| 8 | 8 | | facility of certain federal payments to a Medicaid recipient; |
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| 9 | 9 | | increasing an administrative penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 242, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 242.0661 to read as follows: |
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| 13 | 13 | | Sec. 242.0661. ADMINISTRATIVE PENALTY FOR CONFISCATION OR |
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| 14 | 14 | | MISAPPROPRIATION OF FEDERAL PAYMENTS. (a) In this section: |
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| 15 | 15 | | (1) "Eligible federal payment" means a payment made to |
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| 16 | 16 | | an individual by the federal government that is not designated by |
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| 17 | 17 | | law as income or a resource for purposes of an individual's Medicaid |
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| 18 | 18 | | eligibility. |
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| 19 | 19 | | (2) "Medicaid" means the medical assistance program |
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| 20 | 20 | | established under Chapter 32, Human Resources Code. |
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| 21 | 21 | | (3) "Misappropriate" means the taking, secretion, |
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| 22 | 22 | | misapplication, deprivation, transfer, or attempted transfer to |
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| 23 | 23 | | any person not entitled to receive any real or personal property or |
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| 24 | 24 | | anything of value belonging to or under the legal control of a |
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| 25 | 25 | | resident without the effective consent of the resident or other |
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| 26 | 26 | | appropriate legal authority. |
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| 27 | 27 | | (b) A facility may not confiscate or misappropriate an |
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| 28 | 28 | | eligible federal payment made to a resident who is a recipient of |
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| 29 | 29 | | Medicaid. Notwithstanding Section 242.066(b), a facility that |
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| 30 | 30 | | violates this section is subject to an administrative penalty in |
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| 31 | 31 | | the amount equal to $25,000 for each violation. Each day the |
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| 32 | 32 | | facility fails to return confiscated or misappropriated money to |
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| 33 | 33 | | the resident constitutes a separate violation. |
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| 34 | 34 | | SECTION 2. Section 242.0661, Health and Safety Code, as |
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| 35 | 35 | | added by this Act, applies only to conduct that occurs on or after |
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| 36 | 36 | | the effective date of this Act. Conduct that occurs before that |
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| 37 | 37 | | date is governed by the law in effect on the date the conduct |
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| 38 | 38 | | occurred, and the former law is continued in effect for that |
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| 39 | 39 | | purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2021. |
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