By: Harris of Tarrant, Moncrief S.B. No. 208 Zaffirini A BILL TO BE ENTITLED AN ACT 1-1 relating to the offense of insurance claim fraud; providing a 1-2 criminal penalty. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended 1-5 by adding Section 32.55 to read as follows: 1-6 Sec. 32.55. INSURANCE CLAIM FRAUD. (a) A person commits an 1-7 offense if the person, with intent to injure, defraud, or deceive 1-8 an insurer, prepares or presents to an insurer in support of a 1-9 claim for payment under a health insurance policy a statement that 1-10 the person knows: 1-11 (1) contains false or misleading information 1-12 concerning a matter that is material to the claim; or 1-13 (2) conceals or fails to disclose a material fact that 1-14 affects: 1-15 (A) a person's right to a payment; or 1-16 (B) the amount of a payment to which a person is 1-17 entitled. 1-18 (b) A person commits an offense if the person, with the 1-19 intent to injure, defraud, or deceive an insurer, solicits, offers, 1-20 pays, or receives a benefit in connection with the furnishing of 1-21 health care goods or services for which payment is sought under an 1-22 insurance policy. 1-23 (c) For the purposes of Subsection (a) of this section, 1-24 information concerning a matter that is material to a claim for 2-1 payment under an insurance policy includes information concerning: 2-2 (1) whether health care goods or services were 2-3 medically necessary under professionally accepted standards; 2-4 (2) whether health care goods or services were 2-5 provided; 2-6 (3) the nature of the health care goods or services 2-7 provided; 2-8 (4) the date on which health care goods or services 2-9 were provided; 2-10 (5) the medical record of goods or services provided; 2-11 (6) the condition treated or diagnosis made; or 2-12 (7) the identity of the provider or the recipient of 2-13 health care goods or services. 2-14 (d) Except as provided by Subsection (e) of this section, an 2-15 offense under this section is: 2-16 (1) a Class C misdemeanor if the value of the claim is 2-17 less than $20; 2-18 (2) a Class B misdemeanor if: 2-19 (A) the value of the claim is $20 or more but 2-20 less than $200; or 2-21 (B) the value of the claim is less than $20 and 2-22 the actor has been previously convicted of a misdemeanor under this 2-23 section; 2-24 (3) a Class A misdemeanor if the value of the claim is 2-25 $200 or more but less than $750; 2-26 (4) a felony of the third degree if: 2-27 (A) the value of the claim is $750 or more but 3-1 less than $20,000; or 3-2 (B) the value of the claim is less than $750 and 3-3 the actor has been previously convicted of a misdemeanor two or 3-4 more times under this section; 3-5 (5) a felony of the second degree if the value of the 3-6 claim is $20,000 or more but less than $100,000; or 3-7 (6) a felony of the first degree if: 3-8 (A) the value of the claim is $100,000 or more; 3-9 (B) the value of the claim is less than $100,000 3-10 and the actor has been previously convicted of a felony under this 3-11 section; or 3-12 (C) the value of the claim is less than $100,000 3-13 and the commission of the offense placed a person at risk of death 3-14 or serious bodily injury. 3-15 (e) An offense under this section is, if the actor is a 3-16 health care practitioner: 3-17 (1) a felony of the third degree if the value of the 3-18 claim is less than $20,000; 3-19 (2) a felony of the second degree if the value of the 3-20 claim is $20,000 or more but less than $100,000; or 3-21 (3) a felony of the first degree if: 3-22 (A) the value of the claim is $100,000 or more; 3-23 (B) the value of the claim is less than $100,000 3-24 and the actor has been previously convicted of an offense under 3-25 this section; or 3-26 (C) the value of the claim is less than $100,000 3-27 and the commission of the offense placed a person at risk of death 4-1 or serious bodily injury. 4-2 (f) In this section: 4-3 (1) "Insurer" means any person who does business as an 4-4 insurer in this state, including an insurer that is not authorized 4-5 to do business in this state. The term includes a health 4-6 maintenance organization, a company subject to Chapter 20, 4-7 Insurance Code, and an organization that is self-insured and that 4-8 provides health care benefits to its employees. 4-9 (2) "Health care practitioner" means a person who 4-10 renders or causes to be rendered health care or mental health care 4-11 services and who is entitled to payment under a health insurance 4-12 policy. The term includes: 4-13 (A) any person who may be selected by an insured 4-14 or a beneficiary under Article 21.52, Insurance Code; and 4-15 (B) an officer, employee, or agent of an 4-16 organization that renders health care or mental health care 4-17 services. 4-18 (3) "Statement" means any written representation of 4-19 fact, including a notice, proof of loss, bill of lading, receipt 4-20 for payment, invoice, account, estimate of property damages, bill 4-21 for services, diagnosis, prescription, medical record, X-ray, test 4-22 result, or other evidence of loss, injury, or expense. A statement 4-23 may be computer-generated. 4-24 SECTION 2. The change in law made by Section 32.55, Penal 4-25 Code, as added by this Act, applies only to the punishment for an 4-26 offense committed on or after the effective date of this Act. For 4-27 the purpose of this section, an offense is committed before the 5-1 effective date of this Act if any element of the offense occurs 5-2 before the effective date. An offense committed before the 5-3 effective date of this Act is covered by the law in effect when the 5-4 offense was committed, and the former law is continued in effect 5-5 for this purpose. 5-6 SECTION 3. This Act takes effect September 1, 1993. 5-7 SECTION 4. The importance of this legislation and the 5-8 crowded condition of the calendars in both houses create an 5-9 emergency and an imperative public necessity that the 5-10 constitutional rule requiring bills to be read on three several 5-11 days in each house be suspended, and this rule is hereby suspended.