87R5395 KKR-D
	By: Campos	H.B. No. 2449

	A BILL TO BE ENTITLED
	AN ACT
	relating to the confiscation or misappropriation by a nursing
	facility of certain federal payments to a Medicaid recipient;
	increasing an administrative penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter C, Chapter 242, Health and Safety
	Code, is amended by adding Section 242.0661 to read as follows:
	Sec. 242.0661.  ADMINISTRATIVE PENALTY FOR CONFISCATION OR
	MISAPPROPRIATION OF FEDERAL PAYMENTS. (a) In this section:
	(1)  "Eligible federal payment" means a payment made to
	an individual by the federal government that is not designated by
	law as income or a resource for purposes of an individual's Medicaid
	eligibility.
	(2)  "Medicaid" means the medical assistance program
	established under Chapter 32, Human Resources Code.
	(3)  "Misappropriate" means the taking, secretion,
	misapplication, deprivation, transfer, or attempted transfer to
	any person not entitled to receive any real or personal property or
	anything of value belonging to or under the legal control of a
	resident without the effective consent of the resident or other
	appropriate legal authority.
	(b)  A facility may not confiscate or misappropriate an
	eligible federal payment made to a resident who is a recipient of
	Medicaid. Notwithstanding Section 242.066(b), a facility that
	violates this section is subject to an administrative penalty in
	the amount equal to $25,000 for each violation. Each day the
	facility fails to return confiscated or misappropriated money to
	the resident constitutes a separate violation.
	SECTION 2.  Section 242.0661, Health and Safety Code, as
	added by this Act, applies only to conduct that occurs on or after
	the effective date of this Act. Conduct that occurs before that
	date is governed by the law in effect on the date the conduct
	occurred, and the former law is continued in effect for that
	purpose.
	SECTION 3.  This Act takes effect September 1, 2021.