| 1 | 1 | | H.B. No. 1290 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the confiscation or misappropriation by a nursing |
|---|
| 6 | 6 | | facility of certain federal payments to a Medicaid recipient; |
|---|
| 7 | 7 | | increasing an administrative penalty. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subchapter C, Chapter 242, Health and Safety |
|---|
| 10 | 10 | | Code, is amended by adding Section 242.0661 to read as follows: |
|---|
| 11 | 11 | | Sec. 242.0661. ADMINISTRATIVE PENALTY FOR CONFISCATION OR |
|---|
| 12 | 12 | | MISAPPROPRIATION OF FEDERAL PAYMENTS. (a) In this section: |
|---|
| 13 | 13 | | (1) "Eligible federal payment" means a payment made to |
|---|
| 14 | 14 | | an individual by the federal government that is not designated by |
|---|
| 15 | 15 | | law as income or a resource for purposes of an individual's Medicaid |
|---|
| 16 | 16 | | eligibility. |
|---|
| 17 | 17 | | (2) "Medicaid" means the medical assistance program |
|---|
| 18 | 18 | | established under Chapter 32, Human Resources Code. |
|---|
| 19 | 19 | | (3) "Misappropriate" means the taking, secretion, |
|---|
| 20 | 20 | | misapplication, deprivation, transfer, or attempted transfer to |
|---|
| 21 | 21 | | any person not entitled to receive any real or personal property or |
|---|
| 22 | 22 | | anything of value belonging to or under the legal control of a |
|---|
| 23 | 23 | | resident without the effective consent of the resident or other |
|---|
| 24 | 24 | | appropriate legal authority. |
|---|
| 25 | 25 | | (b) A facility may not confiscate or misappropriate an |
|---|
| 26 | 26 | | eligible federal payment made to a resident who is a recipient of |
|---|
| 27 | 27 | | Medicaid. Notwithstanding Section 242.066(b), a facility that |
|---|
| 28 | 28 | | violates this section is subject to an administrative penalty in |
|---|
| 29 | 29 | | the amount equal to $25,000 for each violation. Each day the |
|---|
| 30 | 30 | | facility fails to return confiscated or misappropriated money to |
|---|
| 31 | 31 | | the resident constitutes a separate violation. |
|---|
| 32 | 32 | | SECTION 2. Section 242.0661, Health and Safety Code, as |
|---|
| 33 | 33 | | added by this Act, applies only to conduct that occurs on or after |
|---|
| 34 | 34 | | the effective date of this Act. Conduct that occurs before that |
|---|
| 35 | 35 | | date is governed by the law in effect on the date the conduct |
|---|
| 36 | 36 | | occurred, and the former law is continued in effect for that |
|---|
| 37 | 37 | | purpose. |
|---|
| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|
| 39 | 39 | | ______________________________ ______________________________ |
|---|
| 40 | 40 | | President of the Senate Speaker of the House |
|---|
| 41 | 41 | | I certify that H.B. No. 1290 was passed by the House on April |
|---|
| 42 | 42 | | 28, 2023, by the following vote: Yeas 142, Nays 4, 2 present, not |
|---|
| 43 | 43 | | voting. |
|---|
| 44 | 44 | | ______________________________ |
|---|
| 45 | 45 | | Chief Clerk of the House |
|---|
| 46 | 46 | | I certify that H.B. No. 1290 was passed by the Senate on May |
|---|
| 47 | 47 | | 17, 2023, by the following vote: Yeas 31, Nays 0. |
|---|
| 48 | 48 | | ______________________________ |
|---|
| 49 | 49 | | Secretary of the Senate |
|---|
| 50 | 50 | | APPROVED: _____________________ |
|---|
| 51 | 51 | | Date |
|---|
| 52 | 52 | | _____________________ |
|---|
| 53 | 53 | | Governor |
|---|