88R10198 KKR-D By: Hinojosa S.B. No. 2188 A BILL TO BE ENTITLED AN ACT relating to the determination of fees, charges, and rates for professional services under Medicaid. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 32.028(b), Human Resources Code, is amended to read as follows: (b) The fee, charge, or rate for a professional service is the usual and customary: (1) fee the provider predominantly charges the general public for the same or similar service; or (2) [,] charge [,] or commercial rate that prevails in the community. SECTION 2. 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 3. This Act takes effect September 1, 2023.