H.B. No. 2722

	AN ACT
	relating to the state Medicaid program as the payor of last resort.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
	is amended by adding Section 32.04242 to read as follows:
	Sec. 32.04242.  PAYOR OF LAST RESORT.  The executive
	commissioner of the Health and Human Services Commission shall
	adopt rules to ensure, to the extent allowed by federal law, that
	the Medicaid program:
	(1)  is the payor of last resort; and
	(2)  provides reimbursement for services, including
	long-term care services, only if, and to the extent, other adequate
	public or private sources of payment are not available.
	SECTION 2.  If before implementing any provision of this Act
	a state agency determines that a waiver or authorization from a
	federal agency is necessary for implementation of that provision,
	the agency affected by the provision shall request the waiver or
	authorization and may delay implementing that provision until the
	waiver or authorization is granted.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2722 was passed by the House on May
	13, 2011, by the following vote:  Yeas 121, Nays 10, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2722 was passed by the Senate on May
	25, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor