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A BILL TO BE ENTITLED
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AN ACT
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relating to a provider's right to an administrative hearing on a |
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proposed recoupment of an overpayment or debt by the office of |
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inspector general for the Health and Human Services Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.1201(a), Government Code, is amended |
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to read as follows: |
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(a) A provider must request an appeal under this section not |
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later than the 15th day after the date the provider is notified that |
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the commission or the commission's office of inspector general will |
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seek to recover an overpayment or debt from the provider. On |
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receipt of a timely written request by a provider who is the subject |
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of a recoupment of overpayment or recoupment of debt arising out of |
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a fraud or abuse investigation, the office of inspector general |
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shall file a docketing request with the State Office of |
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Administrative Hearings [or the Health and Human Services
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Commission appeals division, as requested by the provider,] for an |
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administrative hearing regarding the proposed recoupment amount |
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and any associated damages or penalties. The office shall file the |
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docketing request under this section not later than the 60th day |
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after the date of the provider's request for an administrative |
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hearing or not later than the 60th day after the completion of the |
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informal resolution process, if applicable. |
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SECTION 2. Section 531.1201(a), Government Code, as amended |
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by this Act, applies to a proposed recoupment of an overpayment or |
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debt that a provider is notified of by the office of the inspector |
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general for the Health and Human Services Commission on or after the |
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effective date of this Act. A proposed recoupment of an overpayment |
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or debt that a provider is notified of before the effective date of |
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this Act is governed by the law in effect when the provider was |
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notified, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. 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 4. This Act takes effect September 1, 2015. |