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Senate Bill 544 |
Senate Author: Seliger et al. |
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Effective: 9-1-11 |
House Sponsor: Shelton |
Senate Bill 544 amends provisions of the Human Resources Code and Penal Code relating to unlawful acts against and criminal offenses involving the Medicaid program. The bill expands the circumstances under which a person commits such an unlawful act or a Medicaid fraud offense to include knowingly causing a certain fraudulent claim to be made, and revises the minimum and maximum amounts of the civil penalty for which a person who commits such an unlawful act is liable to the state when the act results in injury to an elderly person, a disabled person, or a person younger than 18 years of age and when the act does not result in such injury. The bill expands the circumstances under which a court's determination of expenses, fees, and costs awarded to a private plaintiff in a private Medicaid fraud action is required to be made, limits the circumstances under which a person is prohibited from bringing a private Medicaid fraud action based on certain public disclosure of allegations or transactions, and requires a court, before dismissing certain barred private actions, to give the attorney general an opportunity to oppose the dismissal. The bill expands the circumstances under which a person is entitled to reinstatement and back pay for employer retaliation against the person because of a lawful act taken by the person in furtherance of a private Medicaid fraud action.