84th Texas Legislature, Regular Session, Senate Bill 1385, Chapter 1200 Page: 1 of 8
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Chapter 1200
S.B. No. 1385
1 AN ACT
2 relating to the authorization of the imposition of administrative
3 penalties on providers participating in certain Medicaid waiver
4 programs.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
6 SECTION 1. Subchapter D, Chapter 161, Human Resources Code,
7 is amended by adding Section 161.088 to read as follows:
8 Sec. 161.088. ADMINISTRATIVE PENALTIES. (a) This section
9 applies to the following waiver programs established under Section
10 1915(c), Social Security Act (42 U.S.C. Section 1396n(c)), and
11 administered by the department to serve persons with an
12 intellectual or developmental disability:
13 (1) the home and community-based services (HCS) waiver
14 program; and
15 (2) the Texas home living (TxHmL) waiver program.
16 (b) The department may assess and collect an administrative
17 penalty against a provider who participates in a program to which
18 this section applies for a violation of a law or rule relating to
19 the program. If the department assesses an administrative penalty
20 against a provider for a violation of a law or rule, the department
21 may not impose a payment hold against or otherwise withhold
22 contract payments from the provider for the same violation of a law
23 or rule.24 (c) After consulting with appropriate stakeholders, the
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Texas. Legislature. Senate. 84th Texas Legislature, Regular Session, Senate Bill 1385, Chapter 1200, legislative document, June 19, 2015; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth704802/m1/1/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.