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A BILL TO BE ENTITLED
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AN ACT
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relating to the period of ineligibility from participation in the |
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Medicaid program by providers found liable for certain unlawful |
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acts under the program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.005, Human Resources Code, is amended |
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by amending Subsection (b-1) and adding Subsections (b-3) and (f) |
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to read as follows: |
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(b-1) The period of ineligibility begins on the date on |
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which a trial court enters a judgment finding the provider liable |
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under Section 36.052 [the determination that the provider is liable
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becomes final]. |
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(b-3) Notwithstanding Subsection (b-1), the period of |
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ineligibility for a physician, a physician organization, or an |
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individual licensed by a health care regulatory agency begins on |
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the date on which the determination that the physician, physician |
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organization, or individual is liable becomes final and all appeals |
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relating to that determination are exhausted or waived. |
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(f) For purposes of Subsection (b-3): |
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(1) "Health care regulatory agency" has the meaning |
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assigned by Section 774.001, Government Code. |
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(2) "Physician organization" means: |
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(A) a professional association composed solely |
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of physicians; |
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(B) a single legal entity authorized to practice |
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medicine in this state and owned by two or more physicians; |
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(C) a nonprofit health corporation certified |
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under Chapter 162, Occupations Code; or |
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(D) a partnership composed solely of physicians. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect September 1, 2013. |