| 1 | 1 | | 88R10198 KKR-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 2188 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the determination of fees, charges, and rates for |
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| 8 | 8 | | professional services under Medicaid. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 32.028(b), Human Resources Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) The fee, charge, or rate for a professional service is |
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| 13 | 13 | | the usual and customary: |
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| 14 | 14 | | (1) fee the provider predominantly charges the general |
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| 15 | 15 | | public for the same or similar service; or |
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| 16 | 16 | | (2) [,] charge [,] or commercial rate that prevails in |
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| 17 | 17 | | the community. |
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| 18 | 18 | | SECTION 2. If before implementing any provision of this Act |
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| 19 | 19 | | a state agency determines that a waiver or authorization from a |
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| 20 | 20 | | federal agency is necessary for implementation of that provision, |
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| 21 | 21 | | the agency affected by the provision shall request the waiver or |
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| 22 | 22 | | authorization and may delay implementing that provision until the |
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| 23 | 23 | | waiver or authorization is granted. |
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| 24 | 24 | | SECTION 3. This Act takes effect September 1, 2023. |
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