(a) The commission shall prepare and maintain a record of each enforcement action the commission initiates that results in a sanction, including a penalty, being imposed against a managed care organization for failure to comply with the terms of a contract to provide health care services to recipients through a Medicaid managed care plan the organization issues.
(b) The record must include:
(1) the managed care organization’s name and address;
(2) a description of the contractual obligation the organization failed to meet;
(3) the date of determination of noncompliance;
(4) the date the sanction was imposed;
(5) the maximum sanction that may be imposed under the contract for the violation; and
(6) the actual sanction imposed against the organization.

Terms Used In Texas Government Code 540.0210

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

(c) The commission shall:
(1) post and maintain on the commission’s Internet website the records required by this section:
(A) in English and Spanish; and
(B) in a format that is readily accessible to and understandable by the public; and
(2) update the list of records on the website at least quarterly.
(d) The commission may not post information under this section that relates to a sanction while the sanction is the subject of an administrative appeal or judicial review.
(e) A record prepared under this section may not include information that is excepted from disclosure under Chapter 552.
(f) The executive commissioner shall adopt rules as necessary to implement this section.


Text of section effective on April 01, 2025