Texas Human Resources Code

§ 32.0322 — CRIMINAL HISTORY RECORD INFORMATION; ENROLLMENT OF PROVIDERS

HR § 32.0322Title 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · Part C. ASSISTANCE PROGRAMS · Ch. 32. MEDICAL ASSISTANCE PROGRAM · Art. B. ADMINISTRATIVE PROVISIONS

Statute text

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(a)The commission or the office of inspector general established under Subchapter C, Chapter 544, Government Code, may obtain from any law enforcement or criminal justice agency the criminal history record information that relates to a provider under the medical assistance program or a person applying to enroll as a provider under the medical assistance program. (a-1) The criminal history record information the commission and the office of inspector general are authorized to obtain under Subsection (a) includes criminal history record information relating to:

(1)a person with a direct or indirect ownership or control interest, as defined by 42 C.F.R. Section 455.101, in a provider of five percent or more; and

(2)a person whose information is required to be disclosed in accordance with 42 C.F.R. Part 1001.

(b)Subject to Subsections (b-1) and (e), the executive commissioner by rule shall establish criteria for the commission or the commission's office of inspector general to suspend a provider's billing privileges under the medical assistance program, revoke a provider's enrollment under the program, or deny a person's application to enroll as a provider under the program based on:

(1)the results of a criminal history check;

(2)any exclusion or debarment of the provider from participation in a state or federally funded health care program;

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.15, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 28, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1311 (S.B. 8), Sec. 10, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.108, eff. April 2, 2015. Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.83, eff. April 1, 2025.