| 1 | 1 | | 88R7309 JG-D |
|---|
| 2 | 2 | | By: Hull H.B. No. 2307 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the retention by a managed care organization of certain |
|---|
| 8 | 8 | | money recovered as a result of a fraud or abuse investigation under |
|---|
| 9 | 9 | | Medicaid or the child health plan program. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 531.1131(c-1), Government Code, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | (c-1) If the commission's office of inspector general |
|---|
| 14 | 14 | | notifies a managed care organization under Subsection (b), proceeds |
|---|
| 15 | 15 | | with recovery efforts, and recovers all or part of the payments the |
|---|
| 16 | 16 | | organization identified as required by Subsection (a)(1), the |
|---|
| 17 | 17 | | organization is entitled to one-half of the amount recovered for |
|---|
| 18 | 18 | | each payment the organization identified [after any applicable |
|---|
| 19 | 19 | | federal share is deducted. The organization may not receive more |
|---|
| 20 | 20 | | than one-half of the total amount of money recovered after any |
|---|
| 21 | 21 | | applicable federal share is deducted]. |
|---|
| 22 | 22 | | SECTION 2. Section 531.1131(c-1), Government Code, as |
|---|
| 23 | 23 | | amended by this Act, applies only to an amount of money recovered on |
|---|
| 24 | 24 | | or after the effective date of this Act. An amount of money |
|---|
| 25 | 25 | | recovered before the effective date of this Act is governed by the |
|---|
| 26 | 26 | | law in effect immediately before that date, and that law is |
|---|
| 27 | 27 | | continued in effect for that purpose. |
|---|
| 28 | 28 | | SECTION 3. If before implementing any provision of this Act |
|---|
| 29 | 29 | | a state agency determines that a waiver or authorization from a |
|---|
| 30 | 30 | | federal agency is necessary for implementation of that provision, |
|---|
| 31 | 31 | | the agency affected by the provision shall request the waiver or |
|---|
| 32 | 32 | | authorization and may delay implementing that provision until the |
|---|
| 33 | 33 | | waiver or authorization is granted. |
|---|
| 34 | 34 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|