|
Senate Bill 688 |
Senate Author: Nichols et al. |
|
Effective: 9-1-11 |
House Sponsor: Creighton et al. |
Senate Bill 688 amends provisions of the Code of Criminal Procedure, Government Code, and Penal Code relating to the investigation, prosecution, and punishment of criminal Medicaid fraud and certain other related offenses. The bill removes exploitation from the conduct that constitutes the offense of injury to a child, elderly individual, or disabled individual and creates the third degree felony of exploitation of a child, elderly individual, or disabled individual. The bill sets out provisions relating to the prosecution of such an exploitation offense when it is also punishable under another offense and requires sentences assessed under both offenses to run concurrently. The bill provides the attorney general concurrent jurisdiction with the appropriate local prosecutor to prosecute an exploitation offense or Medicaid fraud offense that involves the Medicaid program and provides for the confidentiality of all information and materials subpoenaed or compiled by the office of the attorney general in connection with a Medicaid fraud investigation.
Senate Bill 688 expands the conduct that constitutes the third degree felony and second degree felony Medicaid fraud offenses to include the submission of a specified number of fraudulent claims under the Medicaid program that constitute Medicaid fraud and authorizes the prosecution of Medicaid fraud that also constitutes another offense to be under both offenses. The bill enhances the punishment prescribed for a Medicaid fraud offense, other than a first degree felony, to the punishment prescribed for the next highest category of offense if the actor was a provider or high managerial agent at the time of the offense, includes Medicaid fraud committed with certain gang-related intent in the conduct that constitutes the offense of engaging in organized criminal activity, and sets the statute of limitations for Medicaid fraud at seven years. The bill provides for the offering of evidence relating to pecuniary loss to the Medicaid program during the punishment phase of a Medicaid offense and sets out provisions relating to such testimony.