Bill Text: TX SB2138 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the administration and operation of Medicaid.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-10 - Effective immediately [SB2138 Detail]
Download: Texas-2019-SB2138-Comm_Sub.html
Bill Title: Relating to the administration and operation of Medicaid.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-10 - Effective immediately [SB2138 Detail]
Download: Texas-2019-SB2138-Comm_Sub.html
86R33841 KFF-F | ||
By: Hinojosa, et al. | S.B. No. 2138 | |
(Davis of Harris) | ||
Substitute the following for S.B. No. 2138: No. |
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relating to the authority of the Health and Human Services | ||
Commission to retain certain money received by the commission to | ||
administer certain Medicaid programs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 531, Government Code, is | ||
amended by adding Section 531.021135 to read as follows: | ||
Sec. 531.021135. COMMISSION'S AUTHORITY TO RETAIN CERTAIN | ||
MONEY TO ADMINISTER CERTAIN MEDICAID PROGRAMS; REPORT REQUIRED. | ||
(a) In this section, "directed payment program" means a delivery | ||
system and provider patient initiative implemented by this state | ||
under 42 C.F.R. Section 438.6(c). | ||
(b) This section applies only to money the commission | ||
receives from a source other than the general revenue fund to | ||
operate a waiver program established under Section 1115 of the | ||
federal Social Security Act (42 U.S.C. Section 1315) or a directed | ||
payment program or successor program as determined by the | ||
commission. | ||
(c) Subject to Subsection (e), the commission may retain | ||
from money to which this section applies an amount equal to the | ||
estimated costs necessary to administer the program for which the | ||
money is received, but not to exceed $8 million for a state fiscal | ||
biennium. | ||
(d) The commission shall spend money retained under this | ||
section to assist in paying the costs necessary to administer the | ||
program for which the money is received, except that the commission | ||
may not use the money to pay any type of administrative cost that, | ||
before June 1, 2019, was funded with general revenue. | ||
(e) If the commission determines that the commission needs | ||
additional money to administer a program described by Subsection | ||
(b), the commission may, with the approval of the governor and the | ||
Legislative Budget Board, retain not more than an additional 0.25 | ||
percent of the total amount estimated to be received for the | ||
program. | ||
(f) The commission shall submit an annual report to the | ||
governor and the Legislative Budget Board that: | ||
(1) details the amount of money retained and spent by | ||
the commission under this section during the preceding state fiscal | ||
year, including a separate detail of any increase in the amount of | ||
money retained for a program under Subsection (e); | ||
(2) contains a transparent description of how the | ||
commission used the money described by Subdivision (1); and | ||
(3) assesses the extent to which the money retained by | ||
the commission under this section covered the estimated costs to | ||
administer the applicable program and states whether, based on that | ||
assessment, the commission adjusted or considered adjustments to | ||
the amount retained. | ||
(g) The executive commissioner shall adopt rules necessary | ||
to implement this section. | ||
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 immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |