Enrolled Bill Summary

Senate Bill 746	Senate Author:  Nelson et al.
Effective:  9-1-13	House Sponsor:  Kolkhorst

            Senate Bill 746 amends the Human Resources Code to bring provisions relating to Medicaid fraud protection into compliance with federal law. The bill revises the conduct for which a person is considered to have committed an unlawful act under the Medicaid program and makes it an unlawful act for a person to conspire to engage in any such conduct. The bill sets the statute of limitations for recovery by a person in an action relating to Medicaid fraud proceeding without the state's participation. The bill increases the cap on the amount a court may award on finding that an action relating to Medicaid fraud brought by a private person is based primarily on the disclosure of certain information.

Senate Bill 746 revises provisions relating to the validity of an action or claim brought by a person on the basis of information publicly disclosed in a state or federal criminal or civil hearing. The bill clarifies that dismissal of an action or claim by a court may proceed unless opposed by the attorney general or the person bringing the action is an original source of the information. The bill revises the conditions under which a person is entitled to compensation because of retaliation against the person for involvement in an action relating to Medicaid fraud and requires a person bringing suit relating to such retaliation to do so not later than the third anniversary of the date on which the retaliation occurs.