Texas 2025 - 89th Regular

Texas Senate Bill SB1640 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8739 LRM-D
2	2	By: Hagenbuch S.B. No. 1640
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to access to criminal history record information for
10	10	purposes of the Medicaid program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.1143, Government Code, as effective
13	13	April 1, 2025, is amended by amending Subsection (a-1) and adding
14	14	Subsection (e) to read as follows:
15	15	(a-1) Criminal history record information the Health and
16	16	Human Services Commission or the office of inspector general is
17	17	authorized to obtain under Subsection (a) includes criminal history
18	18	record information relating to:
19	19	(1) a person that:
20	20	(A) has a direct or indirect ownership interest,
21	21	or a combination of direct and indirect ownership interests, that
22	22	equals five percent or more in the provider or person applying to
23	23	enroll as a provider;
24	24	(B) owns an interest of five percent or more in a
25	25	mortgage, deed of trust, promissory note, or other obligation
26	26	secured by the provider or person applying to enroll as a provider
27	27	if that interest equals at least five percent of the value of the
28	28	property or other assets of the provider or person applying to
29	29	enroll as a provider;
30	30	(C) is an officer or director of the provider or
31	31	person applying to enroll as a provider if that provider or
32	32	applicant is organized as a corporation; or
33	33	(D) is a partner in the provider or person
34	34	applying to enroll as a provider if that provider or applicant is
35	35	organized as a partnership [a person with a direct or indirect
36	36	ownership or control interest, as defined by 42 C.F.R. Section
37	37	455.101, in a provider of five percent or more]; and
38	38	(2) a managing employee of the provider or person
39	39	applying to enroll as a provider [a person whose information is
40	40	required to be disclosed in accordance with 42 C.F.R. Part 1001].
41	41	(e) In this section:
42	42	(1) "Managing employee," with respect to a provider or
43	43	person applying to enroll as a provider, means an individual,
44	44	including a general manager, business manager, administrator, or
45	45	director, who:
46	46	(A) exercises operational or managerial control
47	47	over all or part of the provider or applicant; or
48	48	(B) directly or indirectly conducts the daily
49	49	operations of all or part of the provider or applicant.
50	50	(2) "Medicaid agency" means the single state agency
51	51	administering or supervising the administration of the state
52	52	Medicaid plan.
53	53	(3) "Ownership interest," with respect to a provider
54	54	or person applying to enroll as a provider, means having equity in
55	55	the provider's or applicant's capital, stock, or profits.
56	56	(4) "Provider" means:
57	57	(A) an individual or entity that provides
58	58	Medicaid services under an agreement with the Medicaid agency; or
59	59	(B) an individual or entity that engages in the
60	60	delivery of health care services through the Medicaid managed care
61	61	program and that is authorized by this state to deliver those
62	62	services.
63	63	SECTION 2. This Act takes effect April 1, 2025, if this Act
64	64	receives a vote of two-thirds of all the members elected to each
65	65	house, as provided by Section 39, Article III, Texas Constitution.
66	66	If this Act does not receive the vote necessary for effect on that
67	67	date, this Act takes effect September 1, 2025.