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