By: Campos, Garcia, Morales Shaw H.B. No. 1290
(Senate Sponsor - Flores)
(In the Senate - Received from the House May 1, 2023;
May 1, 2023, read first time and referred to Committee on Health &
Human Services; May 15, 2023, reported favorably by the following
vote: Yeas 9, Nays 0; May 15, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
KolkhorstX
PerryX
BlancoX
HallX
HancockX
HughesX
LaMantiaX
MilesX
SparksX
A BILL TO BE ENTITLED
AN ACT
relating to the confiscation or misappropriation by a nursing
facility of certain federal payments to a Medicaid recipient;
increasing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0661 to read as follows:
Sec. 242.0661. ADMINISTRATIVE PENALTY FOR CONFISCATION OR
MISAPPROPRIATION OF FEDERAL PAYMENTS. (a) In this section:
(1) "Eligible federal payment" means a payment made to
an individual by the federal government that is not designated by
law as income or a resource for purposes of an individual's Medicaid
eligibility.
(2) "Medicaid" means the medical assistance program
established under Chapter 32, Human Resources Code.
(3) "Misappropriate" means the taking, secretion,
misapplication, deprivation, transfer, or attempted transfer to
any person not entitled to receive any real or personal property or
anything of value belonging to or under the legal control of a
resident without the effective consent of the resident or other
appropriate legal authority.
(b) A facility may not confiscate or misappropriate an
eligible federal payment made to a resident who is a recipient of
Medicaid. Notwithstanding Section 242.066(b), a facility that
violates this section is subject to an administrative penalty in
the amount equal to $25,000 for each violation. Each day the
facility fails to return confiscated or misappropriated money to
the resident constitutes a separate violation.
SECTION 2. Section 242.0661, Health and Safety Code, as
added by this Act, applies only to conduct that occurs on or after
the effective date of this Act. Conduct that occurs before that
date is governed by the law in effect on the date the conduct
occurred, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2023.
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