Bill Text: TX HR2189 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Suspending limitations on conference committee jurisdiction, S.B. No. 1207.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-05-27 - Reported enrolled [HR2189 Detail]

Download: Texas-2019-HR2189-Enrolled.html

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H.R. No. 2189

R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 86th Legislature, 2019, That House Rule 13, Section 9(a), be
suspended in part as provided by House Rule 13, Section 9(f), to
enable the conference committee appointed to resolve the
differences on Senate Bill 1207 (the operation and administration
of Medicaid, including the Medicaid managed care program and the
medically dependent children (MDCP) waiver program) to consider and
take action on the following matters:
(1) House Rule 13, Section 9(a)(4) is suspended to permit
the committee to add text on a matter not included in either the
house or senate version of the bill by adding the following SECTION
to the bill:
SECTION 2. Section 531.024, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The rules promulgated under Subsection (a)(7) must
provide due process to an applicant for Medicaid services and to a
Medicaid recipient who seeks a Medicaid service, including a
service that requires prior authorization. The rules must provide
the protections for applicants and recipients required by 42 C.F.R.
Part 431, Subpart E, including requiring that:
(1) the written notice to an individual of the
individual's right to a hearing must:
(A) contain an explanation of the circumstances
under which Medicaid is continued if a hearing is requested; and
(B) be delivered by mail, and postmarked [mailed]
at least 10 business days, before the date the individual's
Medicaid eligibility or service is scheduled to be terminated,
suspended, or reduced, except as provided by 42 C.F.R. Section
431.213 or 431.214; and
(2) if a hearing is requested before the date a
Medicaid recipient's service, including a service that requires
prior authorization, is scheduled to be terminated, suspended, or
reduced, the agency may not take that proposed action before a
decision is rendered after the hearing unless:
(A) it is determined at the hearing that the sole
issue is one of federal or state law or policy; and
(B) the agency promptly informs the recipient in
writing that services are to be terminated, suspended, or reduced
pending the hearing decision.
(c) The commission shall develop a process to address a
situation in which:
(1) an individual does not receive adequate notice as
required by Subsection (b)(1); or
(2) the notice required by Subsection (b)(1) is
delivered without a postmark.
Explanation: This addition is necessary to change the
requirements for notice of a right to a hearing for an applicant for
Medicaid services and a Medicaid recipient.
(2) House Rule 13, Section 9(a)(4) is suspended to permit
the committee to add text on a matter not included in either the
house or senate version of the bill by adding the following text to
SECTION 3 of the bill:
(a) To the extent of any conflict, Section 531.024162,
Government Code, as added by this section, prevails over any
provision of another Act of the 86th Legislature, Regular Session,
2019, relating to notice requirements regarding Medicaid coverage
or prior authorization denials or incomplete requests, that becomes
law.
Explanation: This addition is necessary to provide that the
amendment adding Section 531.024162, Government Code, prevails
over other similar amendments made by the 86th Legislature.
Krause
______________________________
Speaker of the House
I certify that H.R. No. 2189 was adopted by the House on May
26, 2019, by the following vote: Yeas 142, Nays 2, 1 present, not
voting.
______________________________
Chief Clerk of the House