H.B. No. 1290
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1290 was passed by the House on April
28, 2023, by the following vote: Yeas 142, Nays 4, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1290 was passed by the Senate on May
17, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor