Texas 2025 - 89th Regular

Texas House Bill HB4643 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R21359 LRM-D
2	2		By: Dorazio H.B. No. 4643
	3	+	Substitute the following for H.B. No. 4643:
	4	+	By: Hull C.S.H.B. No. 4643
3	5
4	6
5	7
6	8
7	9		A BILL TO BE ENTITLED
8	10		AN ACT
9	11		relating to access to criminal history record information that
10	12		relates to providers and provider applicants under Medicaid and
11	13		other public benefits programs administered by the Health and Human
12	14		Services Commission.
13	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	16		SECTION 1. The heading to Section 411.1143, Government
15	17		Code, is amended to read as follows:
16	18		Sec. 411.1143. ACCESS TO CRIMINAL HISTORY RECORD
17	19		INFORMATION; AGENCIES ADMINISTERING OR OPERATING [PART OF] MEDICAL
18	20		ASSISTANCE AND OTHER PUBLIC BENEFITS PROGRAMS [PROGRAM].
19	21		SECTION 2. Section 411.1143, Government Code, is amended by
20	22		amending Subsections (a) and (a-1) and adding Subsection (e) to
21	23		read as follows:
22	24		(a) The Health and Human Services Commission, an agency
23	25		operating part of a public benefits program, including the medical
24	26		assistance program under Chapter 32, Human Resources Code, or the
25	27		office of inspector general established under Subchapter C, Chapter
26	28		544, of this code [Government Code], is entitled to obtain criminal
27	29		history record information as provided by Subsection (a-2) that
28	30		relates to a provider under a public benefits [the medical
29	31		assistance] program administered by the commission or a person
30	32		applying to enroll as a provider under a public benefits [the
31	33		medical assistance] program administered by the commission.
32	34		(a-1) Criminal history record information the Health and
33	35		Human Services Commission or the office of inspector general is
34	36		authorized to obtain under Subsection (a) includes criminal history
35	37		record information relating to:
36	38		(1) a person that:
37	39		(A) has a direct or indirect ownership interest,
38	40		or a combination of direct and indirect ownership interests, that
39	41		equals five percent or more in the provider or person applying to
40	42		enroll as a provider;
41	43		(B) owns an interest of five percent or more in a
42	44		mortgage, deed of trust, promissory note, or other obligation
43	45		secured by the provider or person applying to enroll as a provider
44	46		if that interest equals at least five percent of the value of the
45	47		property or other assets of the provider or person applying to
46	48		enroll as a provider;
47	49		(C) is an officer or director of the provider or
48	50		person applying to enroll as a provider if that provider or
49	51		applicant is organized as a corporation; or
50	52		(D) is a partner in the provider or person
51	53		applying to enroll as a provider if that provider or applicant is
52	54		organized as a partnership [a person with a direct or indirect
53	55		ownership or control interest, as defined by 42 C.F.R. Section
54	56		455.101, in a provider of five percent or more]; and
55	57		(2) a managing employee of the provider or person
56	58		applying to enroll as a provider [a person whose information is
57	59		required to be disclosed in accordance with 42 C.F.R. Part 1001].
58	60		(e) In this section:
59	61		(1) "Managing employee," with respect to a provider or
60	62		person applying to enroll as a provider, means an individual,
61	63		including a general manager, business manager, administrator, or
62	64		director, who:
63	65		(A) exercises operational or managerial control
64	66		over all or part of the provider or applicant; or
65	67		(B) directly or indirectly conducts the daily
66	68		operations of all or part of the provider or applicant.
67	69		(2) "Ownership interest," with respect to a provider
68	70		or person applying to enroll as a provider, means having equity in
69	71		the provider's or applicant's capital, stock, or profits.
70	72		(3) "Provider" means an individual or entity that
71	73		engages in the delivery of health care services and is authorized to
72	74		deliver those services in this state, including an individual or
73	75		entity that delivers health care services to recipients under the
74	76		medical assistance program.
75	77		SECTION 3. This Act takes effect immediately if it receives
76	78		a vote of two-thirds of all the members elected to each house, as
77	79		provided by Section 39, Article III, Texas Constitution. If this
78	80		Act does not receive the vote necessary for immediate effect, this
79	81		Act takes effect September 1, 2025.