By Zaffirini                                      S.B. No. 30

      75R3194 KKA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to fraud and improper payments under the state Medicaid

 1-3     program and other programs and to the creation of a criminal

 1-4     offense relating to Medicaid fraud; providing penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6         ARTICLE 1.  GENERAL PROVISIONS RELATING TO WELFARE AGENCIES

 1-7           SECTION 1.01.  COLLECTION OF FOOD STAMP AND FINANCIAL

 1-8     ASSISTANCE PAYMENTS MADE IN ERROR.  (a)  Chapter 22, Human

 1-9     Resources Code, is amended by adding Sections 22.0251-22.0254 to

1-10     read as follows:

1-11           Sec. 22.0251.  TIMELY DETERMINATION OF ERRORS.  (a)  Subject

1-12     to the approval of the commissioner of health and human services,

1-13     the department shall:

1-14                 (1)  determine and record the elapsed time taken by the

1-15     department to discover an error in making a grant under the food

1-16     stamp program or the program of financial assistance under Chapter

1-17     31;

1-18                 (2)  set progressive goals for reducing the discovery

1-19     time described by Subdivision (1); and

1-20                 (3)  adopt a schedule to meet the goals set under

1-21     Subdivision (2).

1-22           (b)  Each fiscal quarter, the department shall submit to the

1-23     governor, the Legislative Budget Board, and the Health and Human

1-24     Services Commission a report detailing the department's progress in

 2-1     reaching its goals under Subsection (a)(2).

 2-2           Sec. 22.0252.  TELEPHONE COLLECTION PROGRAM.  (a)  The

 2-3     department shall use the telephone to attempt to collect

 2-4     reimbursement from a person who receives a benefit granted in error

 2-5     under the food stamp program or the program of financial assistance

 2-6     under Chapter 31.

 2-7           (b)  The department shall submit to the governor, the

 2-8     Legislative Budget Board, and the Health and Human Services

 2-9     Commission a semiannual report on the operation and success of the

2-10     telephone collection program.

2-11           Sec. 22.0253.  PARTICIPATION IN FEDERAL TAX REFUND OFFSET

2-12     PROGRAM.  The department shall participate in the Federal Tax

2-13     Refund Offset Program (FTROP) to attempt to recover benefits

2-14     granted by the department in error under the food stamp program.

2-15     The department shall submit as many claims that meet program

2-16     criteria as possible for offset against income tax returns.

2-17           Sec. 22.0254.  PROSECUTION OF FRAUDULENT CLAIMS.  (a)  The

2-18     department shall keep a record of the dispositions of referrals

2-19     made by the department to a district attorney concerning fraudulent

2-20     claims for benefits under the food stamp program or the program of

2-21     financial assistance under Chapter 31.

2-22           (b)  The department shall:

2-23                 (1)  obtain status information biweekly from the

2-24     appropriate district attorney on each major fraudulent claim

2-25     referred by the department;

2-26                 (2)  request a written explanation from the appropriate

2-27     district attorney for each case referred in which the district

 3-1     attorney declines to prosecute; and

 3-2                 (3)  encourage the creation of a special welfare fraud

 3-3     unit in each district attorney's office that serves a municipality

 3-4     with a population of more than 250,000, to be financed by amounts

 3-5     provided by the department.

 3-6           (c)  A district attorney shall cooperate in providing

 3-7     information requested by the department under this section.

 3-8           (d)  The department by rule shall define what constitutes a

 3-9     major fraudulent claim under Subsection (b)(1).

3-10           (b)  Chapter 22, Human Resources Code, is amended by adding

3-11     Section 22.0291 to read as follows:

3-12           Sec. 22.0291.  EMBASSY INFORMATION MATCHING SYSTEM.  (a)  The

3-13     department shall, through the use of a computerized matching

3-14     system, compare department information relating to applicants for

3-15     and recipients of food stamps and financial assistance under

3-16     Chapter 31 with information obtained from an embassy relating to

3-17     immigrants and visitors to the United States from the country

3-18     represented by the embassy for the purpose of preventing

3-19     individuals from unlawfully receiving public assistance benefits

3-20     administered by the department.

3-21           (b)  In beginning to carry out the duties under this section,

3-22     the department shall share and compare information with the

3-23     embassies that represent countries that have the most citizens

3-24     residing in this state.

3-25           (c)  The department may enter into an agreement with an

3-26     embassy as necessary to implement this section.

3-27           (d)  The department and embassies sharing information under

 4-1     this section shall protect the confidentiality of the shared

 4-2     information in compliance with all existing state and federal

 4-3     privacy guidelines.

 4-4           (e)  The department shall submit to the governor, the

 4-5     Legislative Budget Board, and the Health and Human Services

 4-6     Commission a semiannual report on the operation and success of the

 4-7     embassy matching system.

 4-8           (c)  Not later than January 1, 1998, the Texas Department of

 4-9     Human Services shall begin operation of the telephone collection

4-10     program required by Section 22.0252, Human Resources Code, as added

4-11     by this article.

4-12           (d)  Not later than January 1, 1998, the Texas Department of

4-13     Human Services shall submit the initial reports required by

4-14     Sections 22.0251(b) and 22.0291(e), Human Resources Code, as added

4-15     by this article.

4-16           (e)  Not later than September 1, 1998, the Texas Department

4-17     of Human Services shall submit the initial report required by

4-18     Section 22.0252(b), Human Resources Code, as added by this article.

4-19           SECTION 1.02.  PAYMENT OF MEDICAID CLAIMS.  (a)  Subchapter

4-20     B, Chapter 32, Human Resources Code, is amended by adding Sections

4-21     32.043 and 32.044 to read as follows:

4-22           Sec. 32.043.  DUAL MEDICAID AND MEDICARE COVERAGE.  (a)  At

4-23     least annually the department shall identify each individual

4-24     receiving medical assistance under the medical assistance program

4-25     who is eligible to receive similar assistance under the Medicare

4-26     program.

4-27           (b)  The department shall analyze claims submitted for

 5-1     payment for a service provided under the medical assistance program

 5-2     to an individual identified under Subsection (a) to ensure that

 5-3     payment is not made under the medical assistance program if the

 5-4     service is covered for the individual under the Medicare program.

 5-5           Sec. 32.044.  MISDIRECTED BILLING.  To the extent authorized

 5-6     by federal law, the department shall develop a procedure for:

 5-7                 (1)  matching claims for payment for medical assistance

 5-8     provided under the medical assistance program against data

 5-9     available from other entities, including the Veterans

5-10     Administration and nursing facilities, to determine  alternative

5-11     responsibility for payment of the claims; and

5-12                 (2)  ensuring that the appropriate entity bears the

5-13     cost of a claim.

5-14           (b)  As soon as possible after the effective date of this

5-15     article, the Health and Human Services Commission shall  submit an

5-16     amendment to the state's Medicaid plan authorizing the state to

5-17     limit payment under the state Medicaid program of Medicare

5-18     deductible and co-insurance amounts associated with a service for a

5-19     person entitled to receive both Medicaid and Medicare benefits to

5-20     the amount that the state would have paid for the service under the

5-21     state Medicaid program.  On receipt of approval of the amendment,

5-22     the commission shall ensure that the payments are limited as

5-23     authorized by the amendment.

5-24           SECTION 1.03.  ENHANCED MEDICAID REIMBURSEMENT.  (a)

5-25     Subchapter B, Chapter 32, Human Resources Code, is amended by

5-26     adding Section 32.045 to read as follows:

5-27           Sec. 32.045.  ENHANCED REIMBURSEMENT.  The department shall

 6-1     develop a procedure for:

 6-2                 (1)  identifying each service provided under the

 6-3     medical assistance program for which the state is eligible to

 6-4     receive enhanced reimbursement of costs from the federal

 6-5     government; and

 6-6                 (2)  ensuring that the state seeks the highest level of

 6-7     federal reimbursement available for each service provided.

 6-8           (b)  The Texas Department of Health shall identify services

 6-9     provided under the state Medicaid program for the period beginning

6-10     December 31, 1989, and ending immediately before the effective date

6-11     of this Act for which the state was eligible but did not receive

6-12     enhanced reimbursement of costs at a 90 percent rate from the

6-13     federal government.  For that period, the department shall seek

6-14     from the federal government all reimbursements to which the state

6-15     is entitled.

6-16           SECTION 1.04.  MINIMUM COLLECTION GOAL.  Subchapter B,

6-17     Chapter 531, Government Code, is amended by adding Section 531.047

6-18     to read as follows:

6-19           Sec. 531.047.  MINIMUM COLLECTION GOAL.  (a)  Before August

6-20     31 of each year, the commission by rule shall set a minimum goal

6-21     for the Texas Department of Human Services that specifies the

6-22     percentage of the amount of benefits granted by the department in

6-23     error under the food stamp program or the program of financial

6-24     assistance under Chapter 31, Human Resources Code, that the

6-25     department should recover.  The commission shall set the percentage

6-26     based on comparable recovery rates reported by other states.

6-27           (b)  If the department fails to meet the goal set under

 7-1     Subsection (a) for the fiscal year, the commissioner shall notify

 7-2     the comptroller, and the comptroller shall reduce the department's

 7-3     general revenue appropriation by an amount equal to the difference

 7-4     between the amount the department would have collected had the

 7-5     department met the goal and the amount the department actually

 7-6     collected.

 7-7           (c)  The commission, the governor, and the Legislative Budget

 7-8     Board shall monitor the department's performance in meeting the

 7-9     goal set under this section.  The department shall cooperate by

7-10     providing to the commission, the governor, and the Legislative

7-11     Budget Board, on request, information concerning the department's

7-12     collection efforts.

7-13           SECTION 1.05.  COMMISSION POWERS AND DUTIES RELATING TO

7-14     WELFARE FRAUD.  (a)  Chapter 531, Government Code, is amended by

7-15     adding Subchapter C to read as follows:

7-16          SUBCHAPTER C.  MEDICAID AND OTHER WELFARE FRAUD, MISUSE,

7-17                               OR OVERCHARGES

7-18           Sec. 531.101.  AWARD FOR REPORTING MEDICAID FRAUD, MISUSE, OR

7-19     OVERCHARGES.  (a)  The commission may grant an award to an

7-20     individual who reports activity that constitutes fraud or misuse of

7-21     funds in the state Medicaid program or reports overcharges in the

7-22     program if the commission determines that the disclosure results in

7-23     the recovery of an overcharge or in the termination of the

7-24     fraudulent activity or misuse of funds.

7-25           (b)  The commission shall determine the amount of an award.

7-26     The award must be equal to not less than 10 percent of the  savings

7-27     to this state that result from the individual's disclosure.  In

 8-1     determining the amount of the award, the commission shall consider

 8-2     how important the disclosure is in ensuring the fiscal integrity of

 8-3     the program.

 8-4           (c)  An award under this section is subject to appropriation.

 8-5     The award must be paid from money appropriated to or otherwise

 8-6     available to the commission, and additional money may not be

 8-7     appropriated to the commission for the purpose of paying the award.

 8-8           (d)  Payment of an award under this section from federal

 8-9     funds is subject to the permissible use under federal law of funds

8-10     for this purpose.

8-11           (e)  A person who brings an action under Subchapter C,

8-12     Chapter 36, Human Resources Code, is not eligible for an award

8-13     under this section.

8-14           Sec. 531.102.  INVESTIGATIONS AND ENFORCEMENT OFFICE.  (a)

8-15     The commission, through the commission's office of investigations

8-16     and enforcement, is responsible for the investigation of fraud in

8-17     the provision of health and human services and the enforcement of

8-18     state law relating to the provision of those services.

8-19           (b)  The commission shall set clear objectives, priorities,

8-20     and performance standards for the office that emphasize:

8-21                 (1)  coordinating investigative efforts to aggressively

8-22     recover money;

8-23                 (2)  allocating resources to cases that have the

8-24     strongest supportive evidence and the greatest potential for

8-25     recovery of money; and

8-26                 (3)  maximizing opportunities for referral of cases to

8-27     the office of the attorney general.

 9-1           (c)  The commission shall cross-train office staff to enable

 9-2     the staff to pursue priority Medicaid and welfare fraud and abuse

 9-3     cases as necessary.

 9-4           Sec. 531.103.  INTERAGENCY COORDINATION.  (a)  The commission

 9-5     and the office of the attorney general shall enter into a

 9-6     memorandum of understanding to develop and implement joint written

 9-7     procedures for processing cases of suspected fraud, waste, or abuse

 9-8     under the state Medicaid program.  The memorandum of understanding

 9-9     shall require:

9-10                 (1)  the commission and the office of the attorney

9-11     general to set priorities and guidelines for referring cases to

9-12     appropriate state agencies for investigation to enhance deterrence

9-13     of fraud, waste, or abuse in the program and maximize the

9-14     imposition of penalties, the recovery of money, and the successful

9-15     prosecution of cases;

9-16                 (2)  the commission to keep detailed records for cases

9-17     processed by the commission or the office of the attorney general,

9-18     including information on the total number of cases processed and,

9-19     for each case:

9-20                       (A)  the agency and division to which the case is

9-21     referred for investigation;

9-22                       (B)  the date on which the case is referred; and

9-23                       (C)  the nature of the suspected fraud, waste, or

9-24     abuse;

9-25                 (3)  the commission to notify each appropriate division

9-26     of the office of the attorney general of each case referred by the

9-27     commission;

 10-1                (4)  the office of the attorney general to ensure that

 10-2    information relating to each case investigated by that office is

 10-3    available to each  division of the office with responsibility for

 10-4    investigating suspected fraud, waste, or abuse;

 10-5                (5)  the office of the attorney general to notify the

 10-6    commission of each case the attorney general declines to prosecute

 10-7    or prosecutes unsuccessfully;

 10-8                (6)  representatives of the commission and of the

 10-9    office of the attorney general to meet not less than quarterly to

10-10    share case information and determine the appropriate agency and

10-11    division to investigate each case; and

10-12                (7)  the commission and the office of the attorney

10-13    general to submit information requested by the comptroller about

10-14    each resolved case for the comptroller's use in improving fraud

10-15    detection.

10-16          (b)  Not later than December 1 of each year, the commission

10-17    and the office of the attorney general shall jointly prepare and

10-18    submit a report to the governor, lieutenant governor, and speaker

10-19    of the house of representatives concerning the activities of those

10-20    agencies in detecting and preventing fraud, waste, and abuse under

10-21    the state Medicaid program.

10-22          Sec. 531.104.  ASSISTING INVESTIGATIONS BY ATTORNEY GENERAL.

10-23    (a)  The commission and the attorney general shall execute a

10-24    memorandum of understanding under which the commission shall

10-25    provide investigative support as required to the attorney general

10-26    in connection with cases under Subchapter B, Chapter 36, Human

10-27    Resources Code.  Under the memorandum of understanding, the

 11-1    commission shall assist in performing preliminary investigations

 11-2    and ongoing investigations for actions prosecuted by the attorney

 11-3    general under Subchapter C, Chapter 36, Human Resources Code.

 11-4          (b)  The memorandum of understanding must provide that the

 11-5    commission is not required to provide investigative support in more

 11-6    than 100 open investigations in a fiscal year.

 11-7          Sec. 531.105.  FRAUD DETECTION TRAINING.  (a)  The commission

 11-8    shall develop and implement a program to provide annual training to

 11-9    contractors who process Medicaid claims and appropriate staff of

11-10    the Texas Department of Health and the Texas Department of Human

11-11    Services in identifying potential cases of fraud, waste, or abuse

11-12    under the state Medicaid program.  The training provided to the

11-13    contractors and staff must include clear criteria that specify:

11-14                (1)  the circumstances under which a person should

11-15    refer a potential case to the commission; and

11-16                (2)  the time by which a referral should be made.

11-17          (b)  The Texas Department of Health and the Texas Department

11-18    of Human Services, in cooperation with the commission, shall

11-19    periodically set a goal of the number of potential cases of fraud,

11-20    waste, or abuse under the state Medicaid program that each agency

11-21    will attempt to identify and refer to the commission.  The

11-22    commission shall include information on the agencies' goals and the

11-23    success of each agency in meeting the agency's goal in the annual

11-24    report required by Section 531.103(b).

11-25          Sec. 531.106.  LEARNING OR NEURAL NETWORK TECHNOLOGY.  (a)

11-26    The commission shall use learning or neural network technology to

11-27    identify and deter fraud in the Medicaid program throughout this

 12-1    state.

 12-2          (b)  The commission shall contract with a private or public

 12-3    entity to develop and implement the technology.

 12-4          (c)  The technology must be capable of operating

 12-5    independently from other computer systems.

 12-6          (d)  The commission shall require each health and human

 12-7    services agency that performs any aspect of the state Medicaid

 12-8    program to participate in the implementation and use of the

 12-9    technology.

12-10          (e)  The commission shall maintain all information necessary

12-11    to apply the technology to claims data covering a period of at

12-12    least two years.

12-13          (f)  The commission shall refer cases identified by the

12-14    technology to the commission's office of investigations and

12-15    enforcement or the office of the  attorney general, as appropriate.

12-16          Sec. 531.107.  PUBLIC ASSISTANCE FRAUD OVERSIGHT TASK FORCE.

12-17    (a)  The Public Assistance Fraud Oversight Task Force advises and

12-18    assists the commission and the commission's office of

12-19    investigations and enforcement in improving the efficiency of fraud

12-20    investigations and collections.

12-21          (b)  The task force is composed of a representative of the:

12-22                (1)  attorney general's office, appointed by the

12-23    attorney general;

12-24                (2)  comptroller's office, appointed by the

12-25    comptroller;

12-26                (3)  Department of Public Safety, appointed by the

12-27    public safety director;

 13-1                (4)  state auditor's office, appointed by the state

 13-2    auditor; and

 13-3                (5)  commission, appointed by the commissioner of

 13-4    health and human services.

 13-5          (c)  The comptroller or the comptroller's designee serves as

 13-6    the presiding officer of the task force.  The task force may elect

 13-7    any other necessary officers.

 13-8          (d)  The task force shall meet at least once each fiscal

 13-9    quarter at the call of the presiding officer.

13-10          (e)  The appointing agency is responsible for the expenses of

13-11    a member's service on the task force.  Members of the task force

13-12    receive no additional compensation for serving on the task force.

13-13          (f)  At least once each fiscal quarter, the commission's

13-14    office of investigations and enforcement shall provide to the task

13-15    force:

13-16                (1)  information detailing:

13-17                      (A)  the number of fraud referrals made to the

13-18    office and the origin of each referral;

13-19                      (B)  the time spent investigating each case;

13-20                      (C)  the number of cases investigated each month,

13-21    by program and region;

13-22                      (D)  the dollar value of each fraud case that

13-23    results in a criminal conviction; and

13-24                      (E)  the number of cases the office rejects and

13-25    the reason for rejection, by region; and

13-26                (2)  any additional information the task force

13-27    requires.

 14-1          Sec. 531.108.  FRAUD PREVENTION.  (a)  The commission's

 14-2    office of investigations and enforcement shall compile and

 14-3    disseminate accurate information and statistics relating to:

 14-4                (1)  fraud prevention; and

 14-5                (2)  post-fraud referrals received and accepted or

 14-6    rejected from the commission's case management system or the case

 14-7    management system of a health and human services agency.

 14-8          (b)  The commission shall:

 14-9                (1)  aggressively publicize successful fraud

14-10    prosecutions and fraud-prevention programs through all available

14-11    means, including the use of statewide press releases issued in

14-12    coordination with the Texas Department of Human Services; and

14-13                (2)  establish and promote a toll-free hotline for

14-14    reporting suspected fraud in programs administered by the

14-15    commission or a health and human services agency.

14-16          (c)  The commission shall develop a cost-effective method of

14-17    identifying applicants for public assistance in counties bordering

14-18    other states and in metropolitan areas selected by the commission

14-19    who are already receiving benefits in other states.  If

14-20    economically feasible, the commission may develop a computerized

14-21    matching system.

14-22          (d)  The commission shall:

14-23                (1)  verify automobile information that is used as

14-24    criteria for eligibility; and

14-25                (2)  establish a computerized matching system with the

14-26    Texas Department of Criminal Justice to prevent an incarcerated

14-27    individual from illegally receiving public assistance benefits

 15-1    administered by the commission.

 15-2          (e)  The commission shall submit to the governor, the

 15-3    Legislative Budget Board, and the Health Human Services Commission

 15-4    a semiannual report on the results of computerized matching of

 15-5    commission information with information from neighboring states, if

 15-6    any, and information from the Texas Department of Criminal Justice.

 15-7          Sec. 531.109.  DISPOSITION OF FUNDS.  (a)  The commission

 15-8    shall deposit the state's share of money collected under this

 15-9    subchapter in a special account in the state treasury.

15-10          (b)  The commission may spend money in the account for the

15-11    administration of this subchapter, subject to the General

15-12    Appropriations Act.

15-13          (b)  Section 531.104, Government Code, as added by this

15-14    article, takes effect only if the transfer of employees of the

15-15    Texas Department of Human Services and the Texas Department of

15-16    Health to the Health and Human Services Commission, as proposed by

15-17    Section 1.06 of this article, or similar legislation, is enacted by

15-18    the 75th Legislature in regular session and becomes law.

15-19          (c)  Not later than September 1, 1997, the Health and Human

15-20    Services Commission shall award the contract for the learning or

15-21    neural network technology required by Section 531.106, Government

15-22    Code, as added by this article, and the contractor shall begin

15-23    operations not later than that date.  If the commission fails to

15-24    award the contract or the contractor cannot begin operations on or

15-25    before September 1, 1997, the commissioner of health and human

15-26    services shall enter into an interagency agreement with the

15-27    comptroller to enable the comptroller to perform the duties

 16-1    prescribed by Section 531.106.  In addition to the interagency

 16-2    agreement, the commissioner of health and human services and the

 16-3    comptroller shall execute a memorandum of understanding to ensure

 16-4    that the comptroller receives all data and resources necessary to

 16-5    operate the learning or neural network technology system.

 16-6          (d)  Not later than September 1, 1997, the Health and Human

 16-7    Services Commission shall submit the initial report required by

 16-8    Section 531.108(e), Government Code, as added by this article.

 16-9          (e)  In addition to the substantive changes in law made by

16-10    this article, this article, in adding Section 531.101, Government

16-11    Code, conforms to a change in the law made by Section 1, Chapter

16-12    444, Acts of the 74th Legislature, Regular Session, 1995.

16-13          (f)  Section 16G, Article 4413(502), Revised Statutes, as

16-14    added by Section 1, Chapter 444, Acts of the 74th Legislature,

16-15    Regular Session, 1995, is repealed.

16-16          (g)  To the extent of any conflict, this Act prevails over

16-17    another Act of the 75th Legislature, Regular Session, 1997,

16-18    relating to nonsubstantive additions to and corrections in enacted

16-19    codes.

16-20          (h)  Sections 21.0145 and 22.027, Human Resources Code, are

16-21    repealed.

16-22          SECTION 1.06.  CONSOLIDATION OF INVESTIGATIONS STAFF.  (a)

16-23    On September 1, 1997, or an earlier date provided by an interagency

16-24    agreement with the affected agencies:

16-25                (1)  all powers, duties, functions, programs, and

16-26    activities performed by or assigned to the Texas Department of

16-27    Human Services' office of inspector general immediately before

 17-1    September 1, 1997, are transferred to the Health and Human Services

 17-2    Commission;

 17-3                (2)  all funds, obligations, contracts, property, and

 17-4    records of the Texas Department of Human Services' office of

 17-5    inspector general are transferred to the Health and Human Services

 17-6    Commission; and

 17-7                (3)  all employees of the Texas Department of Human

 17-8    Services' office of inspector general become employees of the

 17-9    Health and Human Services Commission, to be assigned duties by the

17-10    commissioner of health and human services.

17-11          (b)  On September 1, 1997, or an earlier date provided by an

17-12    interagency agreement with the affected agencies:

17-13                (1)  all powers, duties, functions, programs, and

17-14    activities performed by or assigned to the Texas Department of

17-15    Health's policy and analysis group immediately before September 1,

17-16    1997, are transferred to the Health and Human Services Commission;

17-17                (2)  all funds, obligations, contracts, property, and

17-18    records of the Texas Department of Health's policy and analysis

17-19    group are transferred to the Health and Human Services Commission;

17-20    and

17-21                (3)  all employees of the Texas Department of Health's

17-22    policy and analysis group become employees of the Health and Human

17-23    Services Commission, to be assigned duties by the commissioner of

17-24    health and human services.

17-25          (c)  A rule or form adopted by the Texas Department of Human

17-26    Services that relates to the office of inspector general or by the

17-27    Texas Department of Health that relates to the policy and analysis

 18-1    group is a rule or form of the Health and Human Services Commission

 18-2    and remains in effect until altered by the commission.  The

 18-3    secretary of state is authorized to adopt rules as necessary to

 18-4    expedite the implementation of this subsection.

 18-5          (d)  The commissioner of health and human services shall

 18-6    oversee and assist in the transfer of powers, duties, functions,

 18-7    programs, and activities prescribed by Subsections (a) and (b) of

 18-8    this section.

 18-9          (e)  The commissioner of health and human services shall

18-10    determine for each power, duty, function, program, or activity

18-11    scheduled for transfer:

18-12                (1)  the relevant agency actions that constitute each

18-13    power, duty, function, program, or activity;

18-14                (2)  the relevant records, property, and equipment used

18-15    by a state agency for each power, duty, function, program, or

18-16    activity;

18-17                (3)  the state agency employees whose primary duties

18-18    involve a power, duty, function, program, or activity; and

18-19                (4)  state agency funds and obligations that are

18-20    related to the power, duty, function, program, or activity.

18-21          (f)  Based on the determinations made under Subsection (e) of

18-22    this section, the commissioner of health and human services shall

18-23    assist the agencies in transferring powers, duties, functions,

18-24    programs, activities, records, equipment, property, funds,

18-25    obligations, and employees in accordance with the transfer

18-26    schedule.

18-27          (g)  The commissioner of health and human services shall file

 19-1    any federal plan changes required by this section.

 19-2          (h)  The transfer of  powers, duties, functions, programs,

 19-3    and activities under this section does not affect or impair any act

 19-4    done, any obligation, right,  order, license, permit, rule,

 19-5    criterion, standard, or requirement existing, any investigation

 19-6    begun, or any penalty accrued under former law, and that law

 19-7    remains in effect for any action concerning those matters.

 19-8          (i)  An action brought or proceeding commenced before the

 19-9    effective date of this Act, including a contested case or a remand

19-10    of an action or proceeding by a reviewing court, is governed by the

19-11    law and rules applicable to the action or proceeding before the

19-12    effective date of this Act.

19-13          SECTION 1.07.  CONTINGENT INTERAGENCY AGREEMENT RELATING TO

19-14    INVESTIGATIONS STAFF.  If the Health and Human Services Commission

19-15    and the affected agencies do not complete the transfers required by

19-16    Section 1.06 of this article on or before September 1, 1997, the

19-17    commissioner of health and human services shall enter into an

19-18    interagency agreement with the comptroller to enable the

19-19    comptroller to contract for or conduct Medicaid investigations with

19-20    the comptroller or other designated staff.  In addition to the

19-21    interagency agreement, the commissioner of health and human

19-22    services and the comptroller shall execute a memorandum of

19-23    understanding to ensure that the comptroller has access to all

19-24    necessary staff from health and human service agencies to conduct

19-25    the investigations.

19-26          SECTION 1.08.  USE OF PRIVATE COLLECTION AGENTS.  (a)  With

19-27    assistance from the Council on Competitive Government, the Texas

 20-1    Department of Human Services shall, in addition to other methods of

 20-2    collection, use private collection agents to collect reimbursements

 20-3    for benefits granted by the department in error under the food

 20-4    stamp program or the program of financial assistance under Chapter

 20-5    31, Human Resources Code.

 20-6          (b)  The department shall ensure that the collection agents

 20-7    are engaged in collection work on behalf of the department not

 20-8    later than March 1, 1998.  The department shall strive to refer

 20-9    approximately 20 percent of the department's claims for

20-10    reimbursement to the collection agents.

20-11          (c)  On March 1, 1998, and September 1, 1998, the department

20-12    shall submit a progress report to the governor, the Legislative

20-13    Budget Board, and the Health and Human Services Commission on the

20-14    department's efforts to use private collection agents to collect

20-15    reimbursements for erroneous benefits. On March 1, 1999, the

20-16    department shall submit to the governor, the Legislative Budget

20-17    Board, and the Health and Human Services Commission a final report

20-18    on the success of the private collection effort.

20-19          (d)  Unless otherwise directed by the 76th Legislature, the

20-20    department shall evaluate the success of the use of private

20-21    collection agents to collect benefit reimbursements and adjust the

20-22    number of claims referred to the agents, as appropriate.

20-23          SECTION 1.09.  EXPEDITED FOOD STAMP DELIVERY; IMPACT ON

20-24    FRAUDULENT CLAIMS.  (a)  The Texas Department of Human Services

20-25    shall conduct a study to  determine the impact of the one-day

20-26    screening and service delivery requirements prescribed by Section

20-27    33.002(e), Human Resources Code, on the level of fraud in the food

 21-1    stamp program.

 21-2          (b)  Not later than January 1, 1998, the department shall

 21-3    submit to the governor, the Legislative Budget Board, and the

 21-4    Health and Human Services Commission a report on the results of the

 21-5    study.  The report must include:

 21-6                (1)  detailed statistics by region on the number of

 21-7    fraudulent claims linked to the one-day screening and service

 21-8    delivery requirements; and

 21-9                (2)  recommendations on modifying the one-day screening

21-10    and service delivery requirements, as authorized by Section

21-11    33.002(g), Human Resources Code.

21-12          SECTION 1.10.  STUDY ON COLLECTION OF ERRONEOUS FOOD STAMP OR

21-13    FINANCIAL ASSISTANCE BENEFITS THROUGH LIENS OR WAGE GARNISHMENT.

21-14    (a)  The Texas Department of Human Services shall conduct a study

21-15    to determine the feasibility of collecting amounts of benefits

21-16    granted by the department in error under the food stamp program or

21-17    the program of financial assistance under Chapter 31, Human

21-18    Resources Code, by the garnishment of wages or the filing of liens

21-19    against property.

21-20          (b)  Not later than March 1, 1998, the department shall

21-21    submit to the governor, the Legislative Budget Board, and the

21-22    Health and Human Services Commission a report on the results of the

21-23    study.

21-24          SECTION 1.11.  OPERATION RESTORE TRUST.  (a)  To the extent

21-25    authorized by law, the Health and Human Services Commission and the

21-26    office of the attorney general shall cooperate with entities in

21-27    other states that are participating in "Operation Restore Trust"

 22-1    and share information regarding service providers excluded from the

 22-2    state Medicaid program.

 22-3          (b)  In this section, "Operation Restore Trust" means the

 22-4    federal program directed at detecting health-care fraud primarily

 22-5    in home health care, nursing home care, and durable medical

 22-6    equipment in certain states.

 22-7                  ARTICLE 2.  MEDICAID SERVICE PROVIDERS

 22-8          SECTION 2.01.  AUTHORIZATION FOR AMBULANCE SERVICES.  (a)

 22-9    Section 32.024, Human Resources Code, is amended by adding

22-10    Subsection (t) to read as follows:

22-11          (t)  The department by rule shall require a physician,

22-12    nursing facility, or other health care provider to obtain

22-13    authorization from the department or a person authorized to act on

22-14    behalf of the department before an ambulance is used to transport a

22-15    recipient of medical assistance under this chapter in circumstances

22-16    not involving an emergency.  The rules must provide that:

22-17                (1)  a response to a request for authorization must be

22-18    made not later than 48 hours after receipt of the request; and

22-19                (2)  a person denied payment for services rendered

22-20    because of failure to obtain prior authorization is entitled to

22-21    appeal the denial to the department.

22-22          (b)  Not later than January 1, 1998, the Health and Human

22-23    Services Commission and each appropriate health and human services

22-24    agency that operates part of the state Medicaid program shall adopt

22-25    the rules required by Section 32.024(t), Human Resources Code, as

22-26    added by this article.

22-27          SECTION 2.02.  DURABLE MEDICAL EQUIPMENT.  (a)  Section

 23-1    32.024, Human Resources Code, is amended by adding Subsection (u)

 23-2    to read as follows:

 23-3          (u)  The department by rule shall require a health care

 23-4    provider who prescribes durable medical equipment for a child who

 23-5    receives medical assistance under this chapter to certify that the

 23-6    child received the equipment prescribed, the equipment fit

 23-7    properly, if applicable, and the child received instruction

 23-8    regarding the equipment's use.  The department shall develop a form

 23-9    for a health care provider's use in making this certification. The

23-10    form must be:

23-11                (1)  signed by the health care provider and the child's

23-12    parent or guardian; and

23-13                (2)  submitted to the department before payment is made

23-14    by the department for the equipment, unless a person seeking

23-15    payment demonstrates good cause for payment to be made before the

23-16    form is received.

23-17          (b)  Not later than January 1, 1998, the Health and Human

23-18    Services Commission and each appropriate health and human services

23-19    agency that operates part of the state Medicaid program shall adopt

23-20    the rules required by Section 32.024(u), Human Resources Code, as

23-21    added by this article.

23-22          SECTION 2.03.  SURETY BOND.  Subchapter B, Chapter 32, Human

23-23    Resources Code, is amended by adding Section 32.0321 to read as

23-24    follows:

23-25          Sec. 32.0321.  SURETY BOND.  (a)  The department by rule may

23-26    require each provider of medical assistance in a provider group

23-27    that has demonstrated significant potential for fraud or abuse to

 24-1    file with the department a surety bond in a reasonable amount.

 24-2          (b)  The bond must be payable to the department to compensate

 24-3    the department for damages resulting from or penalties or fines

 24-4    imposed in connection with an act of fraud or abuse committed by

 24-5    the provider under the medical assistance program.

 24-6          SECTION 2.04.  CRIMINAL HISTORY INFORMATION.  (a)  Subchapter

 24-7    B, Chapter 32, Human Resources Code, is amended by adding Section

 24-8    32.0322 to read as follows:

 24-9          Sec. 32.0322.  CRIMINAL HISTORY RECORD INFORMATION.  (a)  The

24-10    department may obtain from any law enforcement or criminal justice

24-11    agency the criminal history record information that relates to a

24-12    provider under the medical assistance program or a person applying

24-13    to enroll as a provider under the medical assistance program.

24-14          (b)  The department by rule shall establish criteria for

24-15    revoking a provider's enrollment or denying a person's application

24-16    to enroll as a provider under the medical assistance program based

24-17    on the results of a criminal history check.

24-18          (b)  Subchapter F, Chapter 411, Government Code, is amended

24-19    by adding Section 411.132 to read as follows:

24-20          Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;

24-21    AGENCIES OPERATING PART OF MEDICAL ASSISTANCE PROGRAM.  (a)  The

24-22    Health and Human Services Commission or an agency operating part of

24-23    the medical assistance program under Chapter 32, Human Resources

24-24    Code, is entitled to obtain from the department the criminal

24-25    history record information maintained by the department that

24-26    relates to a provider under the medical assistance program or a

24-27    person applying to enroll as a provider under the medical

 25-1    assistance program.

 25-2          (b)  Criminal history record information obtained by the

 25-3    commission or an agency under Subsection (a) may not be released or

 25-4    disclosed to any person except in a criminal proceeding, in an

 25-5    administrative proceeding, on court order, or with the consent of

 25-6    the provider or applicant.

 25-7          SECTION 2.05.  DIRECTOR AND OFFICER LIABILITY.  (a)

 25-8    Subchapter B, Chapter 32, Human Resources Code, is amended by

 25-9    adding Section 32.0323 to read as follows:

25-10          Sec. 32.0323.  LIABILITY OF DIRECTORS AND OFFICERS OF

25-11    CORPORATIONS.  (a)  If a corporation that provides medical

25-12    assistance is found liable to the state for damages, penalties, or

25-13    fines resulting from an act of fraud or abuse committed by the

25-14    corporation under the medical assistance program, each director or

25-15    officer of the corporation is liable for the amount owed to the

25-16    state.

25-17          (b)  The director or officer is liable in the same manner and

25-18    to the same extent as if the director or officer were a partner and

25-19    the corporation were a partnership.

25-20          (c)  A director or officer is not liable for an amount owed

25-21    to the department if the director or officer shows that the amount

25-22    owed resulted from an act of the corporation that occurred:

25-23                (1)  over the objection of the director or officer; or

25-24                (2)  without the knowledge of the director or officer,

25-25    unless the exercise of reasonable diligence by the director or

25-26    officer would have revealed the intention of the corporation to

25-27    commit the act.

 26-1          (d)  The department shall include a reference to the

 26-2    liability of a director or officer under this section in an

 26-3    agreement between the department and a corporation for the

 26-4    provision of medical assistance under the medical assistance

 26-5    program.

 26-6          (b)  Section 32.0323, Human Resources Code, as added by this

 26-7    article, applies only to an act of fraud or abuse committed by a

 26-8    corporation on or after the effective date of this Act.

 26-9          SECTION 2.06.  MANAGED CARE ORGANIZATIONS.  (a)  Section 16A,

26-10    Article 4413(502), Revised Statutes, is amended by amending

26-11    Subsection (n) and adding Subsections (o)-(s) to read as follows:

26-12          (n)  A managed care organization that contracts with the

26-13    commission to provide or arrange to provide health care benefits or

26-14    services to Medicaid eligible individuals shall:

26-15                (1)  report to the commission or the state's Medicaid

26-16    claims administrator, as appropriate, all information required by

26-17    commission rule, including information necessary to set rates,

26-18    detect fraud, and ensure quality of care;

26-19                (2)  not later than 30 days after execution of the

26-20    contract, develop and submit to the commission for approval a plan

26-21    for preventing, detecting, and reporting fraud and abuse that:

26-22                      (A)  conforms to guidelines developed by the

26-23    commission;

26-24                      (B)  requires the managed care organization to

26-25    report any known or suspected act of fraud or abuse to the

26-26    commission for investigation; and

26-27                      (C)  provides that the managed care organization

 27-1    may not conduct an investigation of an act reported to the

 27-2    commission under Paragraph (B);

 27-3                (3)  include standard provisions developed by the

 27-4    commission in each subcontract entered into by the managed care

 27-5    organization that affects the delivery of or payment for Medicaid

 27-6    services;

 27-7                (4)  submit to the commission for approval each

 27-8    subcontract entered into by the managed care organization that

 27-9    affects the delivery of or payment for Medicaid services; and

27-10                (5)  submit annual disclosure statements to the

27-11    commission containing information on:

27-12                      (A)  the financial condition of the managed care

27-13    organization and each of its affiliates; and

27-14                      (B)  ownership interests in the managed care

27-15    organization or any of its affiliates.

27-16          (o)  The commission shall require that each contract between

27-17    a managed care organization and the commission to provide or

27-18    arrange to provide health care benefits or services to Medicaid

27-19    eligible individuals  contains provisions:

27-20                (1)  stating that information provided by a managed

27-21    care organization under this section may be used by the commission

27-22    as necessary to detect fraud and abuse;

27-23                (2)  specifying the responsibilities of the managed

27-24    care organization in reducing fraud and abuse; and

27-25                (3)  authorizing specific penalties for failure to

27-26    provide information required by commission rules.

27-27          (p)  At least once every three years the commission shall

 28-1    audit each managed care organization that contracts with the

 28-2    commission to provide or arrange to provide health care benefits or

 28-3    services to Medicaid eligible individuals.

 28-4          (q)  A managed care organization audited by the commission

 28-5    under Subsection (p) of this section is responsible for paying the

 28-6    costs of the commission audit.  The costs of the audit may be

 28-7    allowed as a credit against premium taxes paid by the managed care

 28-8    organization, except as provided by Section 2, Article 1.28,

 28-9    Insurance Code.

28-10          (r)  The commission and the Texas Department of Insurance

28-11    shall enter into a memorandum of understanding to coordinate audits

28-12    of managed care organizations conducted by the commission and the

28-13    department.  The memorandum shall:

28-14                (1)  identify information required in a commission

28-15    audit that is not customarily required in a department audit;

28-16                (2)  encourage the department to include to the extent

28-17    possible information identified under Subdivision (1) of this

28-18    subsection in department audits;

28-19                (3)  establish procedures for initiating and

28-20    distributing the findings of audits of a managed care organization;

28-21                (4)  identify the records of physicians or Medicaid

28-22    eligible individuals that are served by managed care organizations,

28-23    that are subject to audit; and

28-24                (5)  require that commission and department personnel

28-25    that audit a managed care organization receive specific training in

28-26    detecting Medicaid  fraud and abuse.

28-27          (s)  This section expires September 1, 2001.

 29-1          (b)  Subchapter B, Chapter 532, Government Code, as added by

 29-2    the Act of the 75th Legislature, Regular Session, 1997, relating to

 29-3    nonsubstantive additions to and corrections in enacted codes, is

 29-4    amended by adding Sections 532.112 and 532.113 to read as follows:

 29-5          Sec. 532.112.  DUTIES OF MANAGED CARE ORGANIZATION;

 29-6    CONTRACTUAL PROVISIONS.  (a)  A managed care organization that

 29-7    contracts with the  commission to provide or arrange to provide

 29-8    health care benefits or services to Medicaid eligible individuals

 29-9    shall:

29-10                (1)  report to the commission or the state's Medicaid

29-11    claims administrator, as appropriate, all information required by

29-12    commission rule, including information necessary to set rates,

29-13    detect fraud, and ensure quality of care;

29-14                (2)  not later than 30 days after execution of the

29-15    contract, develop and submit to the commission for approval a plan

29-16    for preventing, detecting, and reporting fraud and abuse that:

29-17                      (A)  conforms to guidelines developed by the

29-18    commission;

29-19                      (B)  requires the managed care organization to

29-20    report any known or suspected act of fraud or abuse to the

29-21    commission for investigation; and

29-22                      (C)  provides that the managed care organization

29-23    may not conduct an investigation of an act reported to the

29-24    commission under Paragraph (B);

29-25                (3)  include standard provisions developed by the

29-26    commission in each subcontract entered into by the managed care

29-27    organization that affects the delivery of or payment for Medicaid

 30-1    services;

 30-2                (4)  submit to the commission for approval each

 30-3    subcontract entered into by the managed care organization that

 30-4    affects the delivery of or payment for Medicaid services; and

 30-5                (5)  submit annual disclosure statements to the

 30-6    commission containing information on:

 30-7                      (A)  the financial condition of the managed care

 30-8    organization and each of its affiliates; and

 30-9                      (B)  ownership interests in the managed care

30-10    organization or any of its affiliates.

30-11          (b)  The commission shall require that each contract between

30-12    a managed care organization and the commission to provide or

30-13    arrange to provide health care benefits or services to Medicaid

30-14    eligible individuals  contains provisions:

30-15                (1)  stating that information provided by a managed

30-16    care organization under this section may be used by the commission

30-17    as necessary to detect fraud and abuse;

30-18                (2)  specifying the responsibilities of the managed

30-19    care organization in reducing fraud and abuse; and

30-20                (3)  authorizing specific penalties for failure to

30-21    provide information required by commission rules.

30-22          Sec. 532.113.  AUDITS; MEMORANDUM OF UNDERSTANDING.  (a)  At

30-23    least once every three years the commission shall audit each

30-24    managed care  organization that contracts with the commission to

30-25    provide or arrange to provide health care benefits or services to

30-26    Medicaid eligible individuals.

30-27          (b)  A managed care organization audited by the commission

 31-1    under Subsection (a) is responsible for paying the costs of the

 31-2    commission audit.  The costs of the audit may be allowed as a

 31-3    credit against premium taxes paid by the managed care organization,

 31-4    except as provided by Section 2, Article 1.28, Insurance Code.

 31-5          (c)  The commission and the Texas Department of Insurance

 31-6    shall enter into a memorandum of understanding to coordinate audits

 31-7    of managed care organizations conducted by the commission and the

 31-8    department.  The memorandum shall:

 31-9                (1)  identify information required in a commission

31-10    audit that is not customarily required in a department audit;

31-11                (2)  encourage the department to include to the extent

31-12    possible information identified under Subdivision (1) in department

31-13    audits;

31-14                (3)  establish procedures for initiating and

31-15    distributing the findings of audits of a managed care organization;

31-16                (4)  identify the records of physicians or Medicaid

31-17    eligible individuals that are served by managed care organizations

31-18    that are subject to audit; and

31-19                (5)  require that commission and department personnel

31-20    that audit a managed care organization receive specific training in

31-21    detecting Medicaid fraud and abuse.

31-22          (c)  Not later than November 1, 1997, the Health and Human

31-23    Services Commission shall develop guidelines applicable to a

31-24    managed care organization's plan for preventing, detecting, and

31-25    reporting Medicaid fraud.

31-26          (d)  Section 16A(n)(2), Article 4413(502), Revised Statutes,

31-27    as amended by this section, or Section 532.112(a)(2), Government

 32-1    Code, as added by this section, depending on which provision takes

 32-2    effect, applies only to a managed care organization that enters

 32-3    into a contract or renews a contract on or after November 1, 1997,

 32-4    with the Health and Human Services Commission to provide or arrange

 32-5    to provide health care benefits to Medicaid eligible individuals.

 32-6          (e)  This section applies only to a contract entered into or

 32-7    renewed on or after the effective date of this section.  A contract

 32-8    entered into or renewed before the effective date of this section

 32-9    is governed by the law in effect immediately before the effective

32-10    date of this section, and the former law is continued in effect for

32-11    that purpose.

32-12          (f)  A managed care organization that contracts with the

32-13    Health and Human Services Commission to provide or arrange to

32-14    provide health care benefits to Medicaid eligible individuals

32-15    before the effective date of this section is not required by this

32-16    section to:

32-17                (1)  include standard provisions developed by the

32-18    commission in a subcontract executed before the effective date of

32-19    this section;

32-20                (2)  submit a subcontract executed before the effective

32-21    date of this section to the commission for approval; or

32-22                (3)  modify a contract between the managed care

32-23    organization and the commission executed before the effective date

32-24    of this section.

32-25          (g)  A managed care organization that renews a contract or

32-26    subcontract subject to this section after the effective date of

32-27    this section shall include in the renewed contract or subcontract

 33-1    all provisions required to be included by this section.

 33-2          (h)  Subsection (a) of this section takes effect only if the

 33-3    Act of the 75th Legislature, Regular Session, 1997, relating to

 33-4    nonsubstantive additions to and corrections in enacted codes, does

 33-5    not take effect.

 33-6          (i)  Subsection (b) of this section takes effect only if the

 33-7    Act of the 75th Legislature, Regular Session, 1997, relating to

 33-8    nonsubstantive additions to and corrections in enacted codes, takes

 33-9    effect.

33-10          SECTION 2.07.  PILOT PROGRAM; ON-SITE REVIEWS OF PROSPECTIVE

33-11    PROVIDERS.  (a)  The Health and Human Services Commission by rule

33-12    shall establish  a pilot program to reduce fraud by conducting

33-13    on-site reviews of persons who apply to provide health care

33-14    services under the state Medicaid program before authorizing those

33-15    persons to provide the services.

33-16          (b)  The commission shall implement the pilot program

33-17    initially in not more than five or fewer than three urban counties

33-18    selected by the commission.  The commission shall select counties

33-19    for the pilot program that:

33-20                (1)  offer the greatest potential for achieving a

33-21    reduction of provider fraud; and

33-22                (2)  contain established field offices of the

33-23    commission or the Texas Department of Human Services, as

33-24    appropriate.

33-25          (c)  At a minimum, the pilot program shall provide for

33-26    on-site reviews of durable medical equipment providers, home health

33-27    providers, therapists, and laboratories.  The commission may

 34-1    include other groups of providers in the pilot program.

 34-2          (d)  The commission shall develop questions to be used during

 34-3    an on-site review of a prospective provider to verify that the

 34-4    provider has the ability to provide the proposed services.

 34-5          (e)  The on-site reviews shall be conducted by personnel in

 34-6    the appropriate field offices of the commission or the Texas

 34-7    Department of Human Services.

 34-8          (f)  If the pilot program is successful in reducing provider

 34-9    fraud in the counties initially selected under Subsection (b) of

34-10    this section, the commission may expand the pilot program to

34-11    include additional counties.

34-12          (g)  Not later than January 15, 1999, the commission shall

34-13    submit to the governor and the legislature a report concerning the

34-14    effectiveness of the pilot program that includes:

34-15                (1)  the number of applications denied as a result of

34-16    an on-site review; and

34-17                (2)  recommendations on expanding the pilot program.

34-18          (h)  This section expires September 1, 1999.

34-19          SECTION 2.08.  DEVELOPMENT OF NEW PROVIDER CONTRACT.  (a)  As

34-20    soon as possible after the effective date of this section, the

34-21    Health and Human Services Commission shall develop a new provider

34-22    contract for health care services that contains provisions designed

34-23    to strengthen the commission's ability to prevent provider fraud

34-24    under the state Medicaid program.

34-25          (b)  In developing the new provider contract, the commission

34-26    shall solicit suggestions and comments from representatives of

34-27    providers in the state Medicaid program.

 35-1          (c)  As soon as possible after  development of the new

 35-2    provider contract,  the commission and each agency operating part

 35-3    of the state Medicaid program by rule shall require each provider

 35-4    who enrolled in the program before the effective date of this Act

 35-5    to reenroll in the program under the new contract.  A provider must

 35-6    reenroll in the state Medicaid program not later than September 1,

 35-7    1999, to retain eligibility to participate in the program.

 35-8          SECTION 2.09.  PREFERRED VENDOR FOR DURABLE MEDICAL

 35-9    EQUIPMENT.  As soon as possible after the effective date of this

35-10    section, the Health and Human Services Commission shall submit an

35-11    amendment to the state's Medicaid plan authorizing the Texas

35-12    Department of Health to select and use a preferred vendor for the

35-13    delivery of durable medical equipment and supplies.

35-14          SECTION 2.10.  REVIEW OF SERVICE PROVIDER BILLING PRACTICES.

35-15    (a)  The Texas Department of Health shall conduct an automated

35-16    review of physician,  laboratory, and radiology services to

35-17    identify improper billing practices designed to inflate a service

35-18    provider's claim for payment for services provided under the state

35-19    Medicaid program.

35-20          (b)  After completing the review required by Subsection (a)

35-21    of this section, the Texas Department of Health shall require the

35-22    entity that administers the state Medicaid program on behalf of the

35-23    department to modify the entity's claims processing and monitoring

35-24    procedures and computer technology as necessary to prevent improper

35-25    billing by service providers.

 36-1               ARTICLE 3.  ADMINISTRATIVE PENALTIES AND SANCTIONS

 36-2                        RELATING TO MEDICAID FRAUD

 36-3          SECTION 3.01.  ADMINISTRATIVE PENALTIES.  (a)  Section

 36-4    32.039, Human Resources Code, is amended to read as follows:

 36-5          Sec. 32.039.  [CIVIL] DAMAGES AND PENALTIES.  (a)  In this

 36-6    section:

 36-7                (1)  "Claim" [, "claim"] means an application for

 36-8    payment of health care services under Title XIX of the federal

 36-9    Social Security Act  that is submitted by a person who is under a

36-10    contract or provider agreement with the department.

36-11                (2)  "Managed care organization" means any entity or

36-12    person that is authorized or otherwise permitted by law to arrange

36-13    for or provide a managed care plan.

36-14                (3)  "Managed care plan" means a plan under which a

36-15    person undertakes to provide, arrange for, pay for, or reimburse

36-16    any part of the cost of any health care service.  A part of the

36-17    plan must consist of arranging for or providing health care

36-18    services as distinguished from indemnification against the cost of

36-19    those services on a prepaid basis through insurance or otherwise.

36-20    The term does not include a plan that indemnifies a person for the

36-21    cost of health care services through insurance.

36-22          (b)  A person commits a violation if the person:

36-23                (1)  presents or causes to be presented to the

36-24    department a claim that contains a statement or representation the

36-25    person knows to be false; or

36-26                (2)  is a managed care organization that contracts with

36-27    the department to provide or arrange to provide health care

 37-1    benefits or services to individuals eligible for medical assistance

 37-2    and:

 37-3                      (A)  fails to provide to an individual a

 37-4    medically necessary health care benefit or service that the

 37-5    organization is required to provide under the contract with the

 37-6    department;

 37-7                      (B)  fails to provide to the department

 37-8    information required to be provided by law, department rule, or

 37-9    contractual provision; or

37-10                      (C)  engages in a fraudulent activity in

37-11    connection with the enrollment in the organization's managed care

37-12    plan of an individual eligible for medical assistance or in

37-13    connection with  marketing the organization's services to an

37-14    individual eligible for medical assistance.

37-15          (c) [(b)]  A person who commits a violation under Subsection

37-16    (b) [presents or causes to be presented to the department a claim

37-17    that contains a statement or representation the person knows to be

37-18    false] is liable to the department for:

37-19                (1)  the amount paid, if any, as a result [because] of

37-20    the violation [false claim] and interest on that amount determined

37-21    at the  rate provided by law for legal judgments and accruing from

37-22    the date on which the payment was made; and

37-23                (2)  payment of an administrative [a civil] penalty of

37-24    an amount not to exceed twice the amount paid, if any, as a result

37-25    [because] of the violation, plus an amount:

37-26                      (A)  not less than $5,000 or more than $15,000

37-27    for each violation that results in injury to a person younger than

 38-1    18 years of age; or

 38-2                      (B)  not more than $10,000 for each violation

 38-3    that does not result in injury to a person younger than 18 years of

 38-4    age  [false claim; and]

 38-5                [(3)  payment of a civil penalty of not more than

 38-6    $2,000 for each item or service for which  payment was claimed].

 38-7          (d) [(c)]  Unless the provider submitted information to the

 38-8    department for use in preparing a voucher that the provider knew

 38-9    was false or failed to correct information that the provider knew

38-10    was false when provided an opportunity to do so, this section does

38-11    not apply to a claim based on the voucher if the department

38-12    calculated and printed the amount of the claim on the voucher and

38-13    then submitted the voucher to the provider for the provider's

38-14    signature.  In addition, the provider's signature on the voucher

38-15    does not constitute fraud.  The department shall adopt rules that

38-16    establish a grace period during which errors contained in a voucher

38-17    prepared by the department may be corrected without penalty to the

38-18    provider.

38-19          (e) [(d)]  In determining the amount of the penalty to be

38-20    assessed under Subsection (c)(2) [Subdivision (3) of Subsection (b)

38-21    of this section], the department shall consider:

38-22                (1)  the seriousness of the violation;

38-23                (2)  whether the person had previously committed a

38-24    violation [submitted false claims]; and

38-25                (3)  the amount necessary to deter the person from

38-26    committing [submitting] future violations [false claims].

38-27          (f) [(e)]  If after an examination of the facts the

 39-1    department concludes that the person committed a violation [did

 39-2    submit a false claim], the department may issue a preliminary

 39-3    report stating the facts on which it based its conclusion,

 39-4    recommending that an administrative [a civil] penalty under this

 39-5    section be imposed and recommending the amount of the proposed

 39-6    penalty.

 39-7          (g) [(f)]  The department shall give written notice of the

 39-8    report to the person charged with committing the violation

 39-9    [submitting the false claim].  The notice must include a brief

39-10    summary of the facts, a statement of the amount of the recommended

39-11    penalty, and a statement of the person's right to an informal

39-12    review of the alleged violation [false claim], the amount of the

39-13    penalty, or both the alleged violation [false claim] and the amount

39-14    of the penalty.

39-15          (h) [(g)]  Not later than the 10th day after the date on

39-16    which the person charged with committing the violation [submitting

39-17    the false claim] receives the notice, the person may either give

39-18    the department written consent to the report, including the

39-19    recommended penalty, or make a written request for an informal

39-20    review by the department.

39-21          (i) [(h)]  If the person charged with committing the

39-22    violation [submitting the false claim] consents to the penalty

39-23    recommended by the department or fails to timely request an

39-24    informal review, the department shall assess the penalty.  The

39-25    department shall give the person written notice of its action.  The

39-26    person shall pay the penalty not later than the 30th day after the

39-27    date on which the person receives the notice.

 40-1          (j) [(i)]  If the person charged with committing the

 40-2    violation [submitting a false claim] requests an informal review as

 40-3    provided by Subsection (h) [(g) of this section], the department

 40-4    shall conduct the review.  The department shall give the person

 40-5    written notice of the results of the review.

 40-6          (k) [(j)]  Not later than the 10th day after the date on

 40-7    which the person charged with committing the violation [submitting

 40-8    the false claim] receives the notice prescribed by Subsection (j)

 40-9    [(i) of this section], the person may make to the department a

40-10    written request for a hearing.  The hearing must be conducted in

40-11    accordance with Chapter 2001, Government Code.

40-12          (l) [(k)]  If, after informal review, a person who has been

40-13    ordered to pay a penalty fails to request a formal hearing in a

40-14    timely manner, the department shall assess the penalty.  The

40-15    department shall give the person written notice of its action.  The

40-16    person shall pay the penalty not later than the 30th day after the

40-17    date on which the person receives the notice.

40-18          (m)  Within 30 days after the date on which the board's order

40-19    issued after a hearing under Subsection (k) becomes final as

40-20    provided by Section 2001.144, Government Code, the person shall:

40-21                (1)  pay the amount of the penalty;

40-22                (2)  pay the amount of the penalty and file a petition

40-23    for judicial review contesting the occurrence of the violation, the

40-24    amount of the penalty, or both the occurrence of the violation and

40-25    the amount of the penalty; or

40-26                (3)  without paying the amount of the penalty, file a

40-27    petition for judicial review contesting the occurrence of the

 41-1    violation, the amount of the penalty, or both the occurrence of the

 41-2    violation and the amount of the penalty.

 41-3          (n)  A person who acts under Subsection (m)(3) within the

 41-4    30-day period may:

 41-5                (1)  stay enforcement of the penalty by:

 41-6                      (A)  paying the amount of the penalty to the

 41-7    court for placement in an escrow account; or

 41-8                      (B)  giving to the court a supersedeas bond that

 41-9    is approved by the court for the amount of the penalty and that is

41-10    effective until all judicial review of the department's order is

41-11    final; or

41-12                (2)  request the court to stay enforcement of the

41-13    penalty by:

41-14                      (A)  filing with the court a sworn affidavit of

41-15    the person stating that the person is financially unable to pay the

41-16    amount of the penalty and is financially unable to give the

41-17    supersedeas bond; and

41-18                      (B)  giving a copy of the affidavit to the

41-19    commissioner by certified mail.

41-20          (o)  If the commissioner receives a copy of an affidavit

41-21    under Subsection (n)(2), the commissioner may file with the court,

41-22    within five days after the date the copy is received, a contest to

41-23    the affidavit.  The court shall hold a hearing on the facts alleged

41-24    in the affidavit as soon as practicable and shall stay the

41-25    enforcement of the penalty on finding that the alleged facts are

41-26    true.  The person who files an affidavit has the burden of proving

41-27    that the person is financially unable to pay the amount of the

 42-1    penalty and to give a supersedeas bond.

 42-2          (p) [(l)  Except as provided by Subsection (m) of this

 42-3    section, not later than 30 days after the date on which the

 42-4    department issues a final decision after a hearing under Subsection

 42-5    (j) of this section, a person who has been ordered to pay a penalty

 42-6    under this section shall pay the penalty in full.]

 42-7          [(m)  If the person seeks judicial review of either the fact

 42-8    of the submission of a false claim or the amount of the penalty or

 42-9    of both the fact of the submission and the amount of the penalty,

42-10    the person shall forward the amount of the penalty to the

42-11    department for placement in an escrow account or, instead of

42-12    payment into an escrow account, post with the department a

42-13    supersedeas bond in a form approved by the department for the

42-14    amount of the penalty.  The bond must be effective until all

42-15    judicial review of the order or decision is final.]

42-16          [(n)  Failure to forward the money to or to post the bond

42-17    with the department within the period provided by Subsection (l) or

42-18    (m) of this section results in a waiver of all legal rights to

42-19    judicial review.]  If the person charged does not pay the amount of

42-20    the penalty and the enforcement of the penalty is not stayed [fails

42-21    to forward the money or post the bond within the period provided by

42-22    Subsection (h), (k), (l), or (m) of this section], the department

42-23    may forward the matter to the attorney general for enforcement of

42-24    the penalty and interest as provided by law for legal judgments.

42-25    An action to enforce a penalty order under this section must be

42-26    initiated in a court of competent jurisdiction in Travis County or

42-27    in the county in [from] which the violation [false claim] was

 43-1    committed [submitted].

 43-2          (q) [(o)]  Judicial review of a department order or review

 43-3    under this section assessing a penalty is under the substantial

 43-4    evidence rule.  A suit may be initiated by filing a petition with a

 43-5    district court in Travis County, as provided by Subchapter G,

 43-6    Chapter 2001, Government Code.

 43-7          (r) [(p)]  If a penalty is reduced or not assessed, the

 43-8    department shall remit to the person the appropriate amount plus

 43-9    accrued interest if the penalty has been paid or shall execute a

43-10    release of the bond if a supersedeas bond has been posted.  The

43-11    accrued interest on amounts remitted by the department under this

43-12    subsection shall be paid at a rate equal to the rate provided by

43-13    law for legal judgments and shall be paid for the period beginning

43-14    on the date the penalty is paid to the department under this

43-15    section and ending on the date the penalty is remitted.

43-16          (s) [(q)]  A damage, cost, or penalty collected under this

43-17    section is not an allowable expense in a claim or cost report that

43-18    is or could be used to determine a rate or payment under the

43-19    medical assistance program.

43-20          (t) [(r)]  All funds collected under this section shall be

43-21    deposited in the State Treasury to the credit of the General

43-22    Revenue Fund.

43-23          (u)  A person found liable for a violation under Subsection

43-24    (c) that resulted in injury to a person younger than 18 years of

43-25    age may not provide or arrange to provide health care services

43-26    under the medical assistance program for a period of 10 years.  The

43-27    department by rule may provide for a period of ineligibility longer

 44-1    than 10 years.  The period of ineligibility begins on the date on

 44-2    which the determination that the person is liable becomes final.

 44-3          (v)  A person found liable for a violation under Subsection

 44-4    (c) that did not result in injury to a person younger than 18 years

 44-5    of age may not provide or arrange to provide health care services

 44-6    under the medical assistance program for a period of three years.

 44-7    The department by rule may provide for a period of ineligibility

 44-8    longer than three years.  The period of ineligibility begins on the

 44-9    date on which the determination that the person is liable becomes

44-10    final.  This subsection does not apply to a person who operates a

44-11    nursing facility.

44-12          (b)  The change in law made by this section applies only to a

44-13    violation committed on or after the effective date of this section.

44-14    For purposes of this subsection, a violation is committed on or

44-15    after the effective date of this section only if each element of

44-16    the violation occurs on or after that date.  A violation committed

44-17    before the effective date of this section is covered by the law in

44-18    effect when the violation was committed, and the former law is

44-19    continued in effect for that purpose.

44-20          SECTION 3.02.  SANCTIONS APPLICABLE TO VENDOR DRUG PROGRAM.

44-21    Subchapter B, Chapter 32, Human Resources Code, is amended by

44-22    adding Section 32.046 to read as follows:

44-23          Sec. 32.046.  VENDOR DRUG PROGRAM; SANCTIONS AND PENALTIES.

44-24    (a)  The department shall adopt rules governing sanctions and

44-25    penalties that apply to a provider in the vendor drug program who

44-26    submits an improper claim for reimbursement under the program.

44-27          (b)  The department shall notify each provider in the vendor

 45-1    drug program that the provider is subject to sanctions and

 45-2    penalties for submitting an improper claim.

 45-3          SECTION 3.03.  PROHIBITION OF CERTAIN PERSONS CONVICTED OF

 45-4    FRAUD.  Subchapter B, Chapter 32, Human Resources Code, is amended

 45-5    by adding Section 32.047 to read as follows:

 45-6          Sec. 32.047.  PROHIBITION OF CERTAIN HEALTH CARE SERVICE

 45-7    PROVIDERS.  A person is permanently prohibited from providing or

 45-8    arranging to provide health care services under the medical

 45-9    assistance program if:

45-10                (1)  the person is convicted of an offense arising from

45-11    a fraudulent act under the program; and

45-12                (2)  the person's fraudulent act results in injury to a

45-13    person younger than 18 years of age.

45-14          SECTION 3.04.  DEDUCTIONS FROM LOTTERY WINNINGS.  (a)

45-15    Sections 466.407(a) and (c), Government Code, are amended to read

45-16    as follows:

45-17          (a)  The executive director shall deduct the amount of a

45-18    delinquent tax or other money from the winnings of a person who has

45-19    been finally determined to be:

45-20                (1)  delinquent in the payment of a tax or other money

45-21    collected by the comptroller[, the state treasurer,] or the Texas

45-22    Alcoholic Beverage Commission;

45-23                (2)  delinquent in making child support payments

45-24    administered or collected by the attorney general;

45-25                (3)  delinquent in reimbursing the Texas Department of

45-26    Human Services for a benefit granted in error under the food stamp

45-27    program or the program of financial assistance under Chapter 31,

 46-1    Human Resources Code;

 46-2                (4)  in default on a loan made under Chapter 52,

 46-3    Education Code; or

 46-4                (5) [(4)]  in default on a loan guaranteed under

 46-5    Chapter 57, Education Code.

 46-6          (c)  The attorney general, comptroller, [state treasurer,]

 46-7    Texas Alcoholic Beverage Commission, Texas Department of Human

 46-8    Services, Texas Higher Education Coordinating Board, and Texas

 46-9    Guaranteed Student Loan Corporation shall each provide the

46-10    executive director with a report of persons who have been finally

46-11    determined to be delinquent in the payment of a tax or other money

46-12    collected by the agency.  The commission shall adopt rules

46-13    regarding the form and frequency of reports under this subsection.

46-14          (b)  The Texas Department of Human Services shall take all

46-15    action necessary to implement the change in law made by this

46-16    section not later than January 1, 1998.  The department may not

46-17    seek recovery through lottery prize deduction of an amount of a

46-18    benefit granted in error to a person under the food stamp program

46-19    or the program of financial assistance under Chapter 31, Human

46-20    Resources Code, before September 1, 1997.

46-21          (c)  The executive director of the Texas Lottery Commission

46-22    is not required under Section 466.407, Government Code, as amended

46-23    by this section, to deduct from lottery prizes erroneous amounts

46-24    granted to lottery winners by the Texas Department of Human

46-25    Services until the department provides to the commission all

46-26    necessary information and reports required for implementation of

46-27    that section.

 47-1           ARTICLE 4.  CIVIL REMEDIES RELATING TO MEDICAID FRAUD

 47-2                     AND CREATION OF CRIMINAL OFFENSE

 47-3          SECTION 4.01.  REDESIGNATION.  (a)  Chapter 36, Human

 47-4    Resources Code, is amended by designating Sections 36.001, 36.002,

 47-5    36.007, 36.008, 36.009, 36.010, 36.011, and 36.012 as Subchapter A,

 47-6    renumbering Sections 36.007, 36.008, 36.009, 36.010, 36.011, and

 47-7    36.012 as Sections 36.003, 36.004, 36.005, 36.006, 36.007, and

 47-8    36.008, respectively, and adding a subchapter heading to read as

 47-9    follows:

47-10                     SUBCHAPTER A.  GENERAL PROVISIONS

47-11          (b)  Chapter 36, Human Resources Code, is amended by

47-12    designating Sections 36.003, 36.004, 36.005, and 36.006 as

47-13    Subchapter B, renumbering those sections as Sections 36.051,

47-14    36.052, 36.053, and 36.054, respectively, and adding a subchapter

47-15    heading to read as follows:

47-16                 SUBCHAPTER B.  ACTION BY ATTORNEY GENERAL

47-17          SECTION 4.02.  DEFINITIONS.  Section 36.001, Human Resources

47-18    Code, is amended by amending Subdivisions (5)-(11) and adding

47-19    Subdivision (12) to read as follows:

47-20                (5)  "Managed care organization" has the meaning

47-21    assigned by Section 32.039(a).

47-22                (6)  "Medicaid program" means the state Medicaid

47-23    program.

47-24                (7) [(6)]  "Medicaid recipient" means an individual on

47-25    whose behalf a person claims or receives a payment from the

47-26    Medicaid program or a fiscal agent, without regard to whether the

47-27    individual was eligible for benefits under the Medicaid program.

 48-1                (8) [(7)]  "Physician" means a physician licensed to

 48-2    practice medicine in this state.

 48-3                (9) [(8)]  "Provider" means a person who participates

 48-4    in or who has applied to participate in the Medicaid program as a

 48-5    supplier of a product or service and includes:

 48-6                      (A)  a management company that manages, operates,

 48-7    or controls another provider;

 48-8                      (B)  a person, including a medical vendor, that

 48-9    provides a product or service to a provider or to a fiscal agent;

48-10    [and]

48-11                      (C)  an employee of a provider; and

48-12                      (D)  a managed care organization.

48-13                (10) [(9)]  "Service" includes care or treatment of a

48-14    Medicaid recipient.

48-15                (11) [(10)]  "Signed" means to have affixed a signature

48-16    directly or indirectly by means of handwriting, typewriting,

48-17    signature stamp, computer impulse, or other means recognized by

48-18    law.

48-19                (12) [(11)]  "Unlawful act" means an act declared to be

48-20    unlawful under Section 36.002.

48-21          SECTION 4.03.  UNLAWFUL ACTS RELATING TO MANAGED CARE

48-22    ORGANIZATION.  Section 36.002, Human Resources Code, is amended to

48-23    read as follows:

48-24          Sec. 36.002.  UNLAWFUL ACTS.  A person commits an unlawful

48-25    act if the person:

48-26                (1)  knowingly or intentionally makes or causes to be

48-27    made a false statement or misrepresentation of a material fact:

 49-1                      (A)  on an application for a contract, benefit,

 49-2    or payment under the Medicaid program; or

 49-3                      (B)  that is intended to be used to determine a

 49-4    person's eligibility for a benefit or payment under the Medicaid

 49-5    program;

 49-6                (2)  knowingly or intentionally conceals or fails to

 49-7    disclose an event:

 49-8                      (A)  that the person knows affects the initial or

 49-9    continued right to a benefit or payment under the Medicaid program

49-10    of:

49-11                            (i)  the person; or

49-12                            (ii)  another person on whose behalf the

49-13    person has applied for a benefit or payment or is receiving a

49-14    benefit or payment; and

49-15                      (B)  to permit a person to receive a benefit or

49-16    payment that is not authorized or that is greater than the payment

49-17    or benefit that is authorized;

49-18                (3)  knowingly or intentionally applies for and

49-19    receives a benefit or payment on behalf of another person under the

49-20    Medicaid program and converts any part of the benefit or payment to

49-21    a use other than for the benefit of the person on whose behalf it

49-22    was received;

49-23                (4)  knowingly or intentionally makes, causes to be

49-24    made, induces, or seeks to induce the making of a false statement

49-25    or misrepresentation of material fact concerning:

49-26                      (A)  the conditions or operation of a facility in

49-27    order that the facility may qualify for certification or

 50-1    recertification required by the Medicaid program, including

 50-2    certification or recertification as:

 50-3                            (i)  a hospital;

 50-4                            (ii)  a nursing facility or skilled nursing

 50-5    facility;

 50-6                            (iii)  a hospice;

 50-7                            (iv)  an intermediate care facility for the

 50-8    mentally retarded;

 50-9                            (v)  a personal care facility; or

50-10                            (vi)  a home health agency; or

50-11                      (B)  information required to be provided by a

50-12    federal or state law, rule, regulation, or provider agreement

50-13    pertaining to the Medicaid program;

50-14                (5)  except as authorized under the Medicaid program,

50-15    knowingly or intentionally charges, solicits, accepts, or receives,

50-16    in addition to an amount paid under the Medicaid program, a gift,

50-17    money, a donation, or other consideration as a condition to the

50-18    provision of a service or continued service to a Medicaid recipient

50-19    if the cost of the service provided to the Medicaid recipient is

50-20    paid for, in whole or in part, under the Medicaid program;

50-21                (6)  knowingly or intentionally presents or causes to

50-22    be presented a claim for payment under the Medicaid program for a

50-23    product provided or a service rendered by a person who:

50-24                      (A)  is not licensed to provide the product or

50-25    render the service, if a license is required; or

50-26                      (B)  is not licensed in the manner claimed;

50-27                (7)  knowingly or intentionally makes a claim under the

 51-1    Medicaid program for:

 51-2                      (A)  a service or product that has not been

 51-3    approved or acquiesced in by a treating physician or health care

 51-4    practitioner;

 51-5                      (B)  a service or product that is substantially

 51-6    inadequate or inappropriate when compared to generally recognized

 51-7    standards within the particular discipline or within the health

 51-8    care industry; or

 51-9                      (C)  a product that has been adulterated,

51-10    debased, mislabeled, or that is otherwise inappropriate;

51-11                (8)  makes a claim under the Medicaid program and

51-12    knowingly or intentionally fails to indicate the type of license

51-13    and the identification number of the licensed health care provider

51-14    who actually provided the service; [or]

51-15                (9)  knowingly or intentionally enters into an

51-16    agreement, combination, or conspiracy to defraud the state by

51-17    obtaining or aiding another person in obtaining an unauthorized

51-18    payment or benefit from the Medicaid program or a fiscal agent; or

51-19                (10)  is a managed care organization that contracts

51-20    with the Health and Human Services Commission or other state agency

51-21    to provide or arrange to provide health care benefits or services

51-22    to individuals eligible under the Medicaid program and knowingly or

51-23    intentionally:

51-24                      (A)  fails to provide to an individual a

51-25    medically necessary health care benefit or service that the

51-26    organization is required to provide under the contract;

51-27                      (B)  fails to provide to the commission or

 52-1    appropriate state agency information required to be provided by

 52-2    law, commission or agency rule, or contractual provision;

 52-3                      (C)  engages in a fraudulent activity in

 52-4    connection with the enrollment of an individual eligible under the

 52-5    Medicaid program in the organization's managed care plan or in

 52-6    connection with marketing the organization's services to an

 52-7    individual eligible under the Medicaid program; or

 52-8                      (D)  obstructs an investigation by the attorney

 52-9    general of an alleged unlawful act under this section.

52-10          SECTION 4.04.  APPLICABLE PENALTIES AND CONFORMING AMENDMENT.

52-11    Section 36.004, Human Resources Code, as renumbered by this article

52-12    as Section 36.052, is amended by amending Subsections (a) and (e)

52-13    to read as follows:

52-14          (a)  Except as provided by Subsection (c), a person who

52-15    commits an unlawful act is liable to the state for:

52-16                (1)  restitution of the value of any payment or

52-17    monetary or in-kind benefit provided under the Medicaid program,

52-18    directly or indirectly, as a result of the unlawful act;

52-19                (2)  interest on the value of the payment or benefit

52-20    described by Subdivision (1) at the prejudgment interest rate in

52-21    effect on the day the payment or benefit was received or paid, for

52-22    the period from the date the benefit was received or paid to the

52-23    date that restitution is paid to the state;

52-24                (3)  a civil penalty of:

52-25                      (A)  not less than $5,000 or more than $15,000

52-26    for each unlawful act committed by the person that results in

52-27    injury to a person younger than 18 years of age; or

 53-1                      (B)  not less than $1,000 or more than $10,000

 53-2    for each unlawful act committed by the person that does not result

 53-3    in injury to a person younger than 18 years of age; and

 53-4                (4)  two times the value of the payment or benefit

 53-5    described by Subdivision (1).

 53-6          (e)  The attorney general may:

 53-7                (1)  bring an action for civil remedies under this

 53-8    section together with a suit for injunctive relief under Section

 53-9    36.051 [36.003]; or

53-10                (2)  institute an action for civil remedies

53-11    independently of an action for injunctive relief.

53-12          SECTION 4.05.  CONFORMING AMENDMENT.  Section 36.005, Human

53-13    Resources Code, as renumbered by this Act as Section 36.053, is

53-14    amended by amending Subsection (b) to read as follows:

53-15          (b)  In investigating an unlawful act, the attorney general

53-16    may:

53-17                (1)  require the person to file on a prescribed form a

53-18    statement in writing, under oath or affirmation, as to all the

53-19    facts and circumstances concerning the alleged unlawful act and

53-20    other information considered necessary by the attorney general;

53-21                (2)  examine under oath a person in connection with the

53-22    alleged unlawful act; and

53-23                (3)  execute in writing and serve on the person a civil

53-24    investigative demand requiring the person to produce the

53-25    documentary material and permit inspection and copying of the

53-26    material under Section 36.054 [36.006].

53-27          SECTION 4.06.  ADDITIONAL SANCTIONS FOR MEDICAID FRAUD.

 54-1    Section 36.009, Human Resources Code, as renumbered by this article

 54-2    as Section 36.005, is amended to read as follows:

 54-3          Sec. 36.005 [36.009].  SUSPENSION OR REVOCATION OF AGREEMENT;

 54-4    PROFESSIONAL DISCIPLINE.  (a)  The commissioner of human services,

 54-5    the commissioner of public health, the commissioner of mental

 54-6    health and mental retardation, the executive director of the

 54-7    Department of Protective and Regulatory Services, or the executive

 54-8    director of another state health care regulatory agency:

 54-9                (1)  shall suspend or revoke:

54-10                      (A)  a provider agreement between the department

54-11    or agency and a person, including a person who operates a nursing

54-12    facility, found liable under Section 36.052 for an unlawful act

54-13    that resulted in injury to a person younger than 18 years of age;

54-14                      (B)  a provider agreement between the department

54-15    or agency and a person, other than a person who operates a nursing

54-16    facility, found liable under Section 36.052 for an unlawful act

54-17    that did not result in injury to a person younger than 18 years of

54-18    age;

54-19                      (C)  a permit, license, or certification granted

54-20    by the department or agency to a person, including a person who

54-21    operates a nursing facility, found liable under Section 36.052 for

54-22    an unlawful act that resulted in injury to a person younger than 18

54-23    years of age; and

54-24                      (D)  a permit, license, or certification granted

54-25    by the department or agency to a person, other than a person who

54-26    operates a nursing facility, found liable under Section 36.052 for

54-27    an unlawful act that did not result in injury to a person younger

 55-1    than 18 years of age; and

 55-2                (2)  may suspend or revoke:

 55-3                      (A) [(1)]  a provider agreement between the

 55-4    department or agency and a person who operates a nursing facility

 55-5    found liable under Section 36.052 for an unlawful act that did not

 55-6    result in injury to a person younger than 18 years of age [36.004];

 55-7    or

 55-8                      (B) [(2)]  a permit, license, or certification

 55-9    granted by the department or agency to a person who operates a

55-10    nursing facility found liable under Section 36.052 for an unlawful

55-11    act that did not result in injury to a person younger than 18 years

55-12    of age [36.004].

55-13          (b)  A person found liable under Section 36.052 for an

55-14    unlawful act may not provide or arrange to provide health care

55-15    services under the Medicaid program for a period of 10 years.  The

55-16    board of a state agency that operates part of the Medicaid program

55-17    may by rule provide for a period of ineligibility longer than 10

55-18    years.  The period of ineligibility begins on the date on which the

55-19    determination that the person is liable becomes final.  This

55-20    section does not apply to a person who operates a nursing facility,

55-21    unless the person was found liable for an unlawful act that

55-22    resulted in injury to a person younger than 18 years of age.

55-23          (c)  A person licensed by a state regulatory agency who

55-24    commits an unlawful act is subject to professional discipline under

55-25    the applicable licensing law or rules adopted under that law.

55-26          (d)  For purposes of this section, a person is considered to

55-27    have been found liable under Section 36.052 if the person is found

 56-1    liable in an action brought under Subchapter C.

 56-2          SECTION 4.07.  USE OF MONEY RECOVERED.  Section 36.012, Human

 56-3    Resources Code, as renumbered by this article as Section 36.008, is

 56-4    amended to read as follows:

 56-5          Sec. 36.008 [36.012].  USE OF MONEY RECOVERED.  (a)  The

 56-6    attorney general may retain a reasonable portion of money recovered

 56-7    under this chapter, not to exceed amounts specified in the General

 56-8    Appropriations Act, for the administration of this chapter.

 56-9          (b)  The legislature, in appropriating money recovered under

56-10    this chapter, shall consider the requirements of the attorney

56-11    general and other affected state agencies in investigating Medicaid

56-12    fraud and enforcing this chapter.

56-13          SECTION 4.08.  AUTHORITY OF ATTORNEY GENERAL.  (a)

56-14    Subchapter B, Chapter 36, Human Resources Code, as designated by

56-15    this Act, is amended by adding Section 36.055 to read as follows:

56-16          Sec. 36.055.  ATTORNEY GENERAL AS RELATOR IN FEDERAL ACTION.

56-17    To the extent permitted by 31 U.S.C. Sections 3729-3733, the

56-18    attorney general may bring an action as relator under 31 U.S.C.

56-19    Section 3730 with respect to an act in connection with the Medicaid

56-20    program for which a person may be held liable under 31 U.S.C.

56-21    Section 3729.  The attorney general may contract with a private

56-22    attorney to represent the state under this section.

56-23          (b)  The office of the attorney general shall develop

56-24    strategies to increase state recoveries under 31 U.S.C. Sections

56-25    3729-3733.  The office shall report the results of the office's

56-26    effort to the legislature not later than September 1, 1998.

56-27          SECTION 4.09.  CIVIL ACTION BY PRIVATE PERSON FOR MEDICAID

 57-1    FRAUD.  Chapter 36, Human Resources Code, is amended by adding

 57-2    Subchapter C to read as follows:

 57-3                 SUBCHAPTER C.  ACTION BY PRIVATE PERSONS

 57-4          Sec. 36.101.  ACTION BY PRIVATE PERSON AUTHORIZED.  (a)  A

 57-5    person may bring a civil action for a violation of Section 36.002

 57-6    for the person and for the state.  The action shall be brought in

 57-7    the name of the state.

 57-8          (b)  In an action brought under this subchapter, a person who

 57-9    violates Section 36.002 is liable as provided by Section 36.052.

57-10          Sec. 36.102.  INITIATION OF ACTION.  (a)  A person bringing

57-11    an action under this subchapter shall serve a copy of the petition

57-12    and a written disclosure of substantially all material evidence and

57-13    information the person possesses on the attorney general in

57-14    compliance with the Texas Rules of Civil Procedure.

57-15          (b)  The petition shall be filed in camera and shall remain

57-16    under seal until at least the 60th day after the date the petition

57-17    is filed.  The petition may not be served on the defendant until

57-18    the court orders service on the defendant.

57-19          (c)  The state may elect to intervene and proceed with the

57-20    action not later than the 60th day after the date the attorney

57-21    general receives the petition and the material evidence and

57-22    information.

57-23          (d)  The state may, for good cause shown, move the court to

57-24    extend the time during which the petition remains under seal under

57-25    Subsection (b).  A motion under this subsection may be supported by

57-26    affidavits or other submissions in camera.

57-27          (e)  An action under this subchapter may be dismissed before

 58-1    the end of the period prescribed by Subsection (b), as extended as

 58-2    provided by Subsection (d), if applicable, only if the court and

 58-3    the attorney general consent in writing to the dismissal and state

 58-4    their reasons for consenting.

 58-5          Sec. 36.103.  ANSWER BY DEFENDANT.   A defendant is not

 58-6    required to file an answer to a petition filed under this

 58-7    subchapter until the 20th day after the date the petition is

 58-8    unsealed and served on the defendant in compliance with the Texas

 58-9    Rules of Civil Procedure.

58-10          Sec. 36.104.  STATE'S DECISION TO CONTINUE ACTION.   Not

58-11    later than the last day of the period prescribed by Section

58-12    36.102(b), as extended as provided by Section 36.102(d), if

58-13    applicable, the state shall:

58-14                (1)  proceed with the action; or

58-15                (2)  notify the court that the state declines to take

58-16    over the action.

58-17          Sec. 36.105.  REPRESENTATION OF STATE BY PRIVATE ATTORNEY.

58-18    The attorney general may contract with a private attorney to

58-19    represent the state in an action under this subchapter with which

58-20    the state elects to proceed.

58-21          Sec. 36.106.  INTERVENTION BY OTHER PARTIES PROHIBITED.   A

58-22    person other than the state may not intervene or bring a related

58-23    action based on the facts underlying a pending action brought under

58-24    this subchapter.

58-25          Sec. 36.107.  RIGHTS OF PARTIES IF STATE CONTINUES ACTION.

58-26    (a)  If the state proceeds with the action, the state has the

58-27    primary responsibility for prosecuting the action and is not bound

 59-1    by an act of the person bringing the action.  The person bringing

 59-2    the action has the right to continue as a party to the action,

 59-3    subject to the limitations set forth by this section.

 59-4          (b)  The state may dismiss the action notwithstanding the

 59-5    objections of the person bringing the action if:

 59-6                (1)  the attorney general notifies the person that the

 59-7    state has filed a motion to dismiss; and

 59-8                (2)  the court provides the person with an opportunity

 59-9    for a hearing on the motion.

59-10          (c)  The state may settle the action with the defendant

59-11    notwithstanding the objections of the person bringing the action if

59-12    the court determines, after a hearing, that the proposed settlement

59-13    is fair, adequate, and reasonable under all the circumstances.  On

59-14    a showing of good cause, the hearing may be held in camera.

59-15          (d)  On a showing by the state that unrestricted

59-16    participation during the course of the litigation by the person

59-17    bringing the action would interfere with or unduly delay the

59-18    state's prosecution of the case, or would be repetitious,

59-19    irrelevant, or for purposes of harassment, the court may impose

59-20    limitations on the person's participation, including:

59-21                (1)  limiting the number of witnesses the person may

59-22    call;

59-23                (2)  limiting the length of the testimony of witnesses

59-24    called by the person;

59-25                (3)  limiting the person's cross-examination of

59-26    witnesses; or

59-27                (4)  otherwise limiting the participation by the person

 60-1    in the litigation.

 60-2          (e)  On a showing by the defendant that unrestricted

 60-3    participation during the course of the litigation by the person

 60-4    bringing the action would be for purposes of harassment or would

 60-5    cause the defendant undue burden or unnecessary expense, the court

 60-6    may limit the participation by the person in the litigation.

 60-7          Sec. 36.108.  RIGHTS OF PARTIES IF STATE DOES NOT CONTINUE

 60-8    ACTION.  (a)  If the state elects not to proceed with the action,

 60-9    the person bringing the action has the right to conduct the action.

60-10          (b)  If the state requests pleadings and deposition

60-11    transcripts, the parties shall serve the attorney general with

60-12    copies of all pleadings filed in the action and shall make

60-13    available to the attorney general copies of all deposition

60-14    transcripts.

60-15          (c)  The court, without limiting the status and rights of the

60-16    person bringing the action, may permit the state to intervene at a

60-17    later date on a showing of good cause.

60-18          Sec. 36.109.  STAY OF CERTAIN DISCOVERY.  (a)  Regardless of

60-19    whether the state proceeds with the action, on a showing by the

60-20    state that certain actions of discovery by the person bringing the

60-21    action would interfere with the state's investigation or

60-22    prosecution of a criminal or civil matter arising out of the same

60-23    facts, the court may stay the discovery for a period not to exceed

60-24    60 days.

60-25          (b)  The court shall hear a motion to stay discovery under

60-26    this section in camera.

60-27          (c)  The court may extend the period prescribed by Subsection

 61-1    (a) on a further showing in camera that the state has pursued the

 61-2    criminal or civil investigation or proceedings with reasonable

 61-3    diligence and that any proposed discovery in the civil action will

 61-4    interfere with the ongoing criminal or civil investigation or

 61-5    proceedings.

 61-6          Sec. 36.110.  PURSUIT OF ALTERNATE REMEDY BY STATE.  (a)

 61-7    Notwithstanding Section 36.101, the state may elect to pursue the

 61-8    state's claim through any alternate remedy available to the state,

 61-9    including any administrative proceeding to determine an

61-10    administrative penalty.  If an alternate remedy is pursued in

61-11    another proceeding, the person bringing the action has the same

61-12    rights in the other proceeding as the person would have had if the

61-13    action had continued under this subchapter.

61-14          (b)  A finding of fact or conclusion of law made in the other

61-15    proceeding that has become final is conclusive on all parties to an

61-16    action under this subchapter.  For purposes of this subsection, a

61-17    finding or conclusion is final if:

61-18                (1)  the finding or conclusion has been finally

61-19    determined on appeal to the appropriate court;

61-20                (2)  no appeal has been filed with respect to the

61-21    finding or conclusion and all time for filing an appeal has

61-22    expired; or

61-23                (3)  the finding or conclusion is not subject to

61-24    judicial review.

61-25          Sec. 36.111.  AWARD TO PRIVATE PLAINTIFF.  (a) If the state

61-26    proceeds with an action under this subchapter, the person bringing

61-27    the action is entitled, except as provided by Subsection (b), to

 62-1    receive at least 10 percent but not more than 25 percent of the

 62-2    proceeds of the action, depending on the extent to which the person

 62-3    substantially contributed to the prosecution of the action.

 62-4          (b)  If the court finds that the action is based primarily on

 62-5    disclosures of specific information, other than information

 62-6    provided by the person bringing the action, relating to allegations

 62-7    or transactions in a criminal or civil hearing, in a legislative or

 62-8    administrative report, hearing, audit, or investigation, or from

 62-9    the news media, the court may award the amount the court considers

62-10    appropriate but not more than seven percent of the proceeds of the

62-11    action.  The court shall consider the significance of the

62-12    information and the role of the person bringing the action in

62-13    advancing the case to litigation.

62-14          (c)  If the state does not proceed with an action under this

62-15    subchapter, the person bringing the action or settling the claim is

62-16    entitled to receive an amount that the court decides is reasonable

62-17    for collecting the civil penalty and damages.  The amount may not

62-18    be less than 25 percent or more than 30 percent of the proceeds of

62-19    the action.

62-20          (d)  A payment to a person under this section shall be made

62-21    from the proceeds of the action.  A person receiving a payment

62-22    under this section is also entitled to receive an amount for

62-23    reasonable expenses that the court finds to have been necessarily

62-24    incurred, plus reasonable attorney's fees and costs.  Expenses,

62-25    fees, and costs shall be awarded against the defendant.

62-26          (e)  In this section, "proceeds of the action" includes

62-27    proceeds of a settlement of the action.

 63-1          Sec. 36.112.  REDUCTION OF AWARD.  (a)  Regardless of whether

 63-2    the state proceeds with the action, if the court finds that the

 63-3    action was brought by a person who planned and initiated the

 63-4    violation of Section 36.002 on which the action was brought, the

 63-5    court may, to the extent the court considers appropriate, reduce

 63-6    the share of the proceeds of the action the person would otherwise

 63-7    receive under Section 36.111, taking into account the person's role

 63-8    in advancing the case to litigation and any relevant circumstances

 63-9    pertaining to the violation.

63-10          (b)  If the person bringing the action is convicted of

63-11    criminal conduct arising from the person's role in the violation of

63-12    Section 36.002, the court shall dismiss the person from the civil

63-13    action and the person may not receive any share of the proceeds of

63-14    the action.  A dismissal under this subsection does not prejudice

63-15    the right of the state to continue the action.

63-16          Sec. 36.113.  AWARD TO DEFENDANT FOR FRIVOLOUS ACTION OR

63-17    ACTION BROUGHT FOR PURPOSES OF HARASSMENT.  (a)  If the state does

63-18    not proceed with the action and the person bringing the action

63-19    conducts the action, the court may award to the defendant the

63-20    defendant's reasonable attorney's fees and expenses if:

63-21                (1)  the defendant prevails in the action; and

63-22                (2)  the court finds that the claim of the person

63-23    bringing the action was clearly frivolous, clearly vexatious, or

63-24    brought primarily for purposes of harassment.

63-25          (b)  Chapter 105, Civil Practice and Remedies Code, applies

63-26    in an action under this subchapter with which the state proceeds.

63-27          Sec. 36.114.  CERTAIN ACTIONS BARRED.  (a)  A person may not

 64-1    bring an action under this subchapter that is based on allegations

 64-2    or transactions that are the subject of a civil suit or an

 64-3    administrative penalty proceeding in which the state is already a

 64-4    party.

 64-5          (b)  A person may not bring an action under this subchapter

 64-6    that is based on the public disclosure of allegations or

 64-7    transactions in a criminal or civil hearing, in a legislative or

 64-8    administrative report, hearing, audit, or investigation, or from

 64-9    the news media, unless the person bringing the action is an

64-10    original source of the information.  In this subsection, "original

64-11    source" means an individual who has direct and independent

64-12    knowledge of the information on which the allegations are based and

64-13    has voluntarily provided the information to the state before filing

64-14    an action under this subchapter that is based on the information.

64-15          Sec. 36.115.  STATE NOT LIABLE FOR CERTAIN EXPENSES.   The

64-16    state is not liable for expenses that a person incurs in bringing

64-17    an action under this section.

64-18          Sec. 36.116.  RETALIATION BY EMPLOYER AGAINST PERSON BRINGING

64-19    SUIT PROHIBITED.  (a)  A person who is discharged, demoted,

64-20    suspended, threatened, harassed, or in any other manner

64-21    discriminated against in the terms of employment by the person's

64-22    employer because of a lawful act taken by the person in furtherance

64-23    of an action under this subchapter, including investigation for,

64-24    initiation of, testimony for, or assistance in an action filed or

64-25    to be filed under this subchapter, is entitled to:

64-26                (1)  reinstatement with the same seniority status the

64-27    person would have had but for the discrimination; and

 65-1                (2)  not less than two times the amount of back pay,

 65-2    interest on the back pay, and compensation for any special damages

 65-3    sustained as a result of the discrimination, including litigation

 65-4    costs and reasonable attorney's fees.

 65-5          (b)  A person may bring an action in the appropriate district

 65-6    court for the relief provided in this section.

 65-7          SECTION 4.10.  CRIMINAL OFFENSE AND REVOCATION OF CERTAIN

 65-8    LICENSES.  (a)  Chapter 36, Human Resources Code, is amended by

 65-9    adding Subchapter D to read as follows:

65-10                     SUBCHAPTER D.  CRIMINAL PENALTIES

65-11          Sec. 36.131.  CRIMINAL OFFENSE.  (a)  A person commits an

65-12    offense if the person commits an unlawful act under Section 36.002.

65-13          (b)  An offense under this section is:

65-14                (1)  a Class C misdemeanor if the value of any payment

65-15    or monetary or in-kind benefit provided under the Medicaid program,

65-16    directly or indirectly, as a result of the unlawful act is less

65-17    than $50;

65-18                (2)  a Class B misdemeanor if the value of any payment

65-19    or monetary or in-kind benefit provided under the Medicaid program,

65-20    directly or indirectly, as a result of the unlawful act is $50 or

65-21    more but less than $500;

65-22                (3)  a Class A misdemeanor if the value of any payment

65-23    or monetary or in-kind benefit provided under the Medicaid program,

65-24    directly or indirectly, as a result of the unlawful act is $500 or

65-25    more but less than $1,500;

65-26                (4)  a state jail felony if the value of any payment or

65-27    monetary or in-kind benefit provided under the Medicaid program,

 66-1    directly or indirectly, as a result of the unlawful act is $1,500

 66-2    or more but less than $20,000;

 66-3                (5)  a felony of the third degree if the value of any

 66-4    payment or monetary or in-kind benefit provided under the Medicaid

 66-5    program, directly or indirectly, as a result of the unlawful act is

 66-6    $20,000 or more but less than $100,000;

 66-7                (6)  a felony of the second degree if the value of any

 66-8    payment or monetary or in-kind benefit provided under the Medicaid

 66-9    program, directly or indirectly, as a result of the unlawful act is

66-10    $100,000 or more but less than $200,000; or

66-11                (7)  a felony of the first degree if the value of any

66-12    payment or monetary or in-kind benefit provided under the Medicaid

66-13    program, directly or indirectly, as a result of the unlawful act is

66-14    $200,000 or more.

66-15          (c)  If conduct constituting an offense under this section

66-16    also constitutes an offense under another provision, the actor may

66-17    be prosecuted under either section.

66-18          (b)  Section 4.01(b), Medical Practice Act (Article 4495b,

66-19    Vernon's Texas Civil Statutes), is amended to read as follows:

66-20          (b)  On proof that a practitioner of medicine has been

66-21    initially convicted of a felony or the initial finding of the trier

66-22    of fact of guilt of a felony under Chapter 481, Health and Safety

66-23    Code, Section 485.033, Health and Safety Code, Chapter 483, Health

66-24    and Safety Code, Section 36.131, Human Resources Code, or the

66-25    Federal Comprehensive Drug Abuse Prevention and Control Act of

66-26    1970,  21 U.S.C.A. Section 801 et seq. (Public Law 91-513), the

66-27    board shall suspend the practitioner's license.  On the

 67-1    practitioner's final conviction for such a felony offense, the

 67-2    board shall revoke the practitioner's license.

 67-3          SECTION 4.11.  APPLICATION.  (a)  The changes in law made by

 67-4    this article apply only to a violation committed on or after the

 67-5    effective date of this article.  For purposes of this section, a

 67-6    violation is committed on or after the effective date of this

 67-7    article only if each element of the violation occurs on or after

 67-8    that date.

 67-9          (b)  A violation committed before the effective date of this

67-10    article is covered by the law in effect when the violation was

67-11    committed, and the former law is continued in effect for this

67-12    purpose.

67-13                    ARTICLE 5.  SUSPENSION OF LICENSES

67-14          SECTION 5.01.  SUSPENSION OF LICENSES.  (a)  Subtitle B,

67-15    Title 2, Human Resources Code, is amended by adding Chapter 23 to

67-16    read as follows:

67-17              CHAPTER 23.  SUSPENSION OF LICENSE FOR FAILURE

67-18                          TO REIMBURSE DEPARTMENT

67-19          Sec. 23.001.  DEFINITIONS.  In this chapter:

67-20                (1)  "License" means a license, certificate,

67-21    registration, permit, or other authorization that:

67-22                      (A)  is issued by a licensing authority;

67-23                      (B)  is subject before expiration to suspension,

67-24    revocation, forfeiture, or termination by an issuing licensing

67-25    authority; and

67-26                      (C)  a person must obtain to:

67-27                            (i)  operate a motor vehicle; or

 68-1                            (ii)  engage in a recreational activity,

 68-2    including hunting and fishing, for which a license or permit is

 68-3    required.

 68-4                (2)  "Order suspending a license" means an order issued

 68-5    by the department directing a licensing authority to suspend a

 68-6    license.

 68-7          Sec. 23.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  In

 68-8    this chapter, "licensing authority" means:

 68-9                (1)  the Parks and Wildlife Department; and

68-10                (2)  the Department of Public Safety of the State of

68-11    Texas.

68-12          Sec. 23.003.  SUSPENSION OF LICENSE.  The department may

68-13    issue an order suspending a license as provided by this chapter of

68-14    a person who, after notice:

68-15                (1)  has failed to reimburse the department for an

68-16    amount in excess of $250 granted in error to the person under the

68-17    food stamp program or the program of financial assistance under

68-18    Chapter 31;

68-19                (2)  has been provided an opportunity to make payments

68-20    toward the amount owed under a repayment schedule; and

68-21                (3)  has failed to comply with the repayment schedule.

68-22          Sec. 23.004.  INITIATION OF PROCEEDING.  (a)  The department

68-23    may initiate a proceeding to suspend a person's license by filing a

68-24    petition with the department's hearings division.

68-25          (b)  The proceeding shall be conducted by the department's

68-26    hearings division.  The proceeding is a contested case under

68-27    Chapter 2001, Government Code, except that Section 2001.054 does

 69-1    not apply.

 69-2          (c)  The commissioner shall render a final decision in the

 69-3    proceeding.

 69-4          Sec. 23.005.  CONTENTS OF PETITION.  A petition under this

 69-5    chapter must state that license suspension is authorized under

 69-6    Section 23.003 and allege:

 69-7                (1)  the name and, if known, social security number of

 69-8    the person;

 69-9                (2)  the type of license the person is believed to hold

69-10    and the name of the licensing authority; and

69-11                (3)  the amount owed to the department.

69-12          Sec. 23.006.  NOTICE.  (a)  On initiating a proceeding under

69-13    Section 23.004, the department shall give the person named in the

69-14    petition:

69-15                (1)  notice of the person's right to a hearing before

69-16    the hearings division of the department;

69-17                (2)  notice of the deadline for requesting a hearing;

69-18    and

69-19                (3)  a form requesting a hearing.

69-20          (b)  Notice under this section may be served as in civil

69-21    cases generally.

69-22          (c)  The notice must state that an order suspending a license

69-23    shall be rendered on the 60th day after the date of service of the

69-24    notice unless by that date:

69-25                (1)  the person pays the amount owed to the department;

69-26                (2)  the person presents evidence of a payment history

69-27    satisfactory to the department in compliance with a reasonable

 70-1    repayment schedule; or

 70-2                (3)  the person appears at a hearing before the

 70-3    hearings division and shows that the request for suspension should

 70-4    be denied or stayed.

 70-5          Sec. 23.007.  HEARING ON PETITION TO SUSPEND LICENSE.  (a)  A

 70-6    request for a hearing and motion to stay suspension must be filed

 70-7    with the department not later than the 20th day after the date of

 70-8    service of the notice under Section 23.006.

 70-9          (b)  If a request for a hearing is filed, the hearings

70-10    division of the department shall:

70-11                (1)  promptly schedule a hearing;

70-12                (2)  notify the person and an appropriate

70-13    representative of the department of the date, time, and location of

70-14    the hearing; and

70-15                (3)  stay suspension pending the hearing.

70-16          Sec. 23.008.  ORDER SUSPENDING LICENSE.  (a)  On making the

70-17    findings required by Section 23.003, the department shall render an

70-18    order suspending a license.

70-19          (b)  The department may stay an order suspending a license

70-20    conditioned on the person's compliance with a reasonable repayment

70-21    schedule that is incorporated in the order.  An order suspending a

70-22    license with a stay of the suspension  may not be served on the

70-23    licensing authority unless the stay is revoked as provided by this

70-24    chapter.

70-25          (c)  A final order suspending a license rendered by the

70-26    department shall be forwarded to the appropriate licensing

70-27    authority.

 71-1          (d)  If the department renders an order suspending a license,

 71-2    the person may also be ordered not to engage in the licensed

 71-3    activity.

 71-4          (e)  If the department finds that the petition for suspension

 71-5    should be denied, the petition shall be dismissed without

 71-6    prejudice, and an order suspending a license may not be rendered.

 71-7          Sec. 23.009.  DEFAULT ORDER.  The department shall consider

 71-8    the allegations of the petition for suspension to be admitted and

 71-9    shall render an order suspending a license if the person fails to:

71-10                (1)  respond to a notice issued under Section 23.006;

71-11                (2)  request a hearing; or

71-12                (3)  appear at a hearing.

71-13          Sec. 23.010.  REVIEW OF FINAL ADMINISTRATIVE ORDER.  An order

71-14    issued by the department under this chapter is a final agency

71-15    decision and is subject to review as provided by Chapter 2001,

71-16    Government Code.

71-17          Sec. 23.011.  ACTION BY LICENSING AUTHORITY.  (a)  On receipt

71-18    of a final order suspending a license, the licensing authority

71-19    shall immediately determine if the authority has issued a license

71-20    to the person named on the order and, if a license has been issued:

71-21                (1)  record the suspension of the license in the

71-22    licensing authority's records;

71-23                (2)  report the suspension as appropriate; and

71-24                (3)  demand surrender of the suspended license if

71-25    required by law for other cases in which a license is suspended.

71-26          (b)  A licensing authority shall implement the terms of a

71-27    final order suspending a license without additional review or

 72-1    hearing.  The authority may provide notice as appropriate to the

 72-2    license holder or to others concerned with the license.

 72-3          (c)  A licensing authority may not modify, remand, reverse,

 72-4    vacate, or stay an order suspending a license issued under this

 72-5    chapter and may not review, vacate, or reconsider the terms of a

 72-6    final order suspending a license.

 72-7          (d)  A person who is the subject of a final order suspending

 72-8    a license is not entitled to a refund for any fee or deposit paid

 72-9    to the licensing authority.

72-10          (e)  A person who continues to engage in the licensed

72-11    activity after the implementation of the order suspending a license

72-12    by the licensing authority is liable for the same civil and

72-13    criminal penalties provided for engaging in the licensed activity

72-14    without a license or while a license is suspended that apply to

72-15    any other license holder of that licensing authority.

72-16          (f)  A licensing authority is exempt from liability to a

72-17    license holder for any act authorized under this chapter performed

72-18    by the authority.

72-19          (g)  Except as provided by this chapter, an order suspending

72-20    a license or dismissing a petition for the suspension of a license

72-21    does not affect the power of a licensing authority to grant, deny,

72-22    suspend, revoke, terminate, or renew a license.

72-23          (h)  The denial or suspension of a driver's license under

72-24    this chapter is governed by this chapter and not by Subtitle B,

72-25    Title 7, Transportation Code.

72-26          Sec. 23.012.  MOTION TO REVOKE STAY.  (a)  The department may

72-27    file a motion with the department's hearings division to revoke the

 73-1    stay of an order suspending a license if the person does not comply

 73-2    with the terms of a reasonable repayment plan entered into by the

 73-3    person.

 73-4          (b)  Notice to the person of a motion to revoke stay under

 73-5    this section may be given by personal service or by mail to the

 73-6    address provided by the person, if any, in the order suspending a

 73-7    license.  The notice must include a notice of hearing before the

 73-8    hearings division.  The notice must be provided to the person not

 73-9    less than 10 days before the date of the hearing.

73-10          (c)  A motion to revoke stay must allege the manner in which

73-11    the person failed to comply with the repayment plan.

73-12          (d)  If the department finds that the person is not in

73-13    compliance with the terms of the repayment plan, the department

73-14    shall revoke the stay of the order suspending a license and render

73-15    a final order suspending a license.

73-16          Sec. 23.013.  VACATING OR STAYING ORDER SUSPENDING A LICENSE.

73-17    (a)  The department may render an order vacating or staying an

73-18    order suspending a license if the person has paid all amounts owed

73-19    to the department or has established a satisfactory payment record.

73-20          (b)  The department shall promptly deliver an order vacating

73-21    or staying an order suspending a license to the appropriate

73-22    licensing authority.

73-23          (c)  On receipt of an order vacating or staying an order

73-24    suspending a license, the licensing authority shall promptly

73-25    reinstate and return the affected license to the person if the

73-26    person is otherwise qualified for the license.

73-27          (d)  An order rendered under this section does not affect the

 74-1    right of the department to any other remedy provided by law,

 74-2    including the right to seek relief under this chapter.  An order

 74-3    rendered under this section does not affect the power of a

 74-4    licensing authority to grant, deny, suspend, revoke, terminate, or

 74-5    renew a license as otherwise provided by law.

 74-6          Sec. 23.014.  FEE BY LICENSING AUTHORITY.  A licensing

 74-7    authority may charge a fee to a person who is the subject of an

 74-8    order suspending a license in an amount sufficient to recover the

 74-9    administrative costs incurred by the authority under this chapter.

74-10          Sec. 23.015.  COOPERATION BETWEEN LICENSING AUTHORITIES AND

74-11    DEPARTMENT.  (a)  The department may request from each licensing

74-12    authority the name, address, social security number, license

74-13    renewal date, and other identifying information for each individual

74-14    who holds, applies for, or renews a license issued by the

74-15    authority.

74-16          (b)  A licensing authority shall provide the requested

74-17    information in the manner agreed to by the department and the

74-18    licensing authority.

74-19          (c)  The department may enter into a cooperative agreement

74-20    with a licensing authority to administer this chapter in a

74-21    cost-effective manner.

74-22          (d)  The department may adopt a reasonable implementation

74-23    schedule for the requirements of this section.

74-24          Sec. 23.016.  RULES, FORMS, AND PROCEDURES.  The department

74-25    by rule shall prescribe forms and procedures for the implementation

74-26    of this chapter.

74-27          (b)  The Texas Department of Human Services shall take all

 75-1    action necessary to implement the change in law made by this

 75-2    article not later than January 1, 1998.  The department may not

 75-3    suspend a license because of a person's failure to reimburse the

 75-4    department for a benefit granted in error under the food stamp

 75-5    program or the program of financial assistance under Chapter 31,

 75-6    Human Resources Code, before September 1, 1997.

 75-7                     ARTICLE 6.  MEASUREMENT OF FRAUD

 75-8          SECTION 6.01.  HEALTH CARE FRAUD STUDY.  (a)  Subchapter B,

 75-9    Chapter 403, Government Code, is amended by adding Section 403.026

75-10    to read as follows:

75-11          Sec. 403.026.  HEALTH CARE FRAUD STUDY.  (a)  The comptroller

75-12    shall conduct a study each biennium to determine the number and

75-13    type of fraudulent claims for medical or health care benefits

75-14    submitted:

75-15                (1)  under the state Medicaid program;

75-16                (2)  under group health insurance programs administered

75-17    through the Employees Retirement System of Texas for active and

75-18    retired state employees; or

75-19                (3)  by or on behalf of a state employee and

75-20    administered by the attorney general under Chapter 501, Labor Code.

75-21          (b)  A state agency that administers a program identified by

75-22    Subsection (a) shall cooperate with the comptroller and provide any

75-23    information required by the comptroller in connection with the

75-24    study.  A state agency may enter into a memorandum of understanding

75-25    with the comptroller regarding the use and confidentiality of the

75-26    information provided.  This subsection does not require a state

75-27    agency to provide confidential information if release of the

 76-1    information is prohibited by law.

 76-2          (c)  The comptroller shall report the results of the study to

 76-3    each state agency that administers a program  included in the study

 76-4    so that the agency may modify its fraud control procedures as

 76-5    necessary.

 76-6          (b)  The comptroller of public accounts shall complete the

 76-7    initial study required by Section 403.026, Government Code, as

 76-8    added by this section, not later than December 1, 1998.

 76-9          SECTION 6.02.  COMPILATION OF STATISTICS.  (a)  Subchapter B,

76-10    Chapter 531, Government Code, is amended by adding Section 531.0215

76-11    to read as follows:

76-12          Sec. 531.0215.  COMPILATION OF STATISTICS RELATING TO FRAUD.

76-13    The commission and each health and human services agency that

76-14    administers a part of the state Medicaid program shall maintain

76-15    statistics on the number, type, and disposition of fraudulent

76-16    claims for benefits submitted under the part of the program the

76-17    agency administers.

76-18          (b)  Subchapter C, Chapter 501, Labor Code, is amended by

76-19    adding Section 501.0431 to read as follows:

76-20          Sec. 501.0431.  COMPILATION OF STATISTICS RELATING TO FRAUD.

76-21    The director shall maintain statistics on the number, type, and

76-22    disposition of fraudulent claims for medical benefits under this

76-23    chapter.

76-24          (c)  Section 17(a), Texas Employees Uniform Group Insurance

76-25    Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code), is

76-26    amended to read as follows:

76-27          (a)  The trustee shall:

 77-1                (1)  make a continuing study of the operation and

 77-2    administration of this Act, including surveys and reports of group

 77-3    coverages and benefits available to employees and on the experience

 77-4    thereof; and

 77-5                (2)  maintain statistics on the number, type, and

 77-6    disposition of fraudulent claims for benefits under this Act.

 77-7              ARTICLE 7.  WAIVERS; EFFECTIVE DATE; EMERGENCY

 77-8          SECTION 7.01.  WAIVERS.  If before implementing any provision

 77-9    of this Act, a state agency determines that a waiver or

77-10    authorization from a federal agency is necessary for implementation

77-11    of that provision, the agency affected by the provision shall

77-12    request the waiver or authorization and may delay implementing that

77-13    provision until the waiver or authorization is granted.

77-14          SECTION 7.02.  EFFECTIVE DATE.  Except as otherwise provided

77-15    by this Act, this Act takes effect September 1, 1997.

77-16          SECTION 7.03.  EMERGENCY.  The importance of this legislation

77-17    and the crowded condition of the calendars in both houses create an

77-18    emergency and an imperative public necessity that the

77-19    constitutional rule requiring bills to be read on three several

77-20    days in each house be suspended, and this rule is hereby suspended.