By:  Duncan                                  S.B. No. 1626

         97S0793/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to certain offenses involving insurance fraud; providing

 1-2     penalties.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 35.01, Penal Code, is amended by amending

 1-5     Subdivision (4) and adding Subdivision (6) to read as follows:

 1-6                 (4)  "Insurer" means a person who engages in the

 1-7     business of insurance in this state, including:

 1-8                       (A)  an insurer that is not authorized to do

 1-9     business in this state;

1-10                       (B)  a health maintenance organization;

1-11                       (C)  a group hospital service corporation

1-12     regulated under Chapter 20, Insurance Code; [and]

1-13                       (D)  any person who self-insures; and

1-14                       (E)  any entity doing the business of insurance

1-15     as identified by the Insurance Code [and provides health care

1-16     benefits to the person's employees].

1-17                 (6)  "Claim" means any and all written and oral

1-18     communication made to an insurer that may reasonably be construed

1-19     as a demand for payment, or may reasonably be expected to result in

1-20     a payment, by an insurer to another under the terms of a health or

1-21     property and casualty insurance policy.  For purposes of

1-22     determining the value of a claim, the entire amount of the claim

1-23     may be considered in determining the degree of the offense.

 2-1           SECTION 2.  Section 35.02, Penal Code, is amended by amending

 2-2     Subsections (c) and (d), adding Subsection (e), and relettering

 2-3     existing Subsection (d) as (f) to read as follows:

 2-4           (c)  For purposes of Subsection (a), information concerning a

 2-5     matter that is material to a claim for payment under an insurance

 2-6     policy includes information concerning:

 2-7                 (1)  whether health care goods or services were

 2-8     provided;

 2-9                 (2)  whether health care goods or services were

2-10     medically necessary under professionally accepted standards;

2-11                 (3)  the nature of the health care goods or services

2-12     provided;

2-13                 (4)  the date on which health care goods or services

2-14     were provided;

2-15                 (5)  the medical record of goods or services provided;

2-16                 (6)  the condition treated or diagnosis made;

2-17                 (7)  the identity and applicable license of the

2-18     provider or the recipient of health care goods or services;

2-19                 (8)  whether property was damaged or lost or an

2-20     individual was injured in the manner and under the circumstances

2-21     described in a statement related to a claim for insurance payment;

2-22     or

2-23                 (9)  whether any other claim for insurance payment has

2-24     been communicated to any other insurer concerning property damage

2-25     or loss to the same property or injury to an individual.

 3-1           (d)  A person commits an offense if, with the intent to

 3-2     obtain or deny payment of workers' compensation benefits, including

 3-3     medical benefits, under this section for himself or another, the

 3-4     person knowingly or intentionally:

 3-5                 (1)  makes a false or misleading statement;

 3-6                 (2)  misrepresents or conceals a material fact; or

 3-7                 (3)  fabricates, alters, conceals, or destroys a

 3-8     document other than a governmental record.

 3-9           (e)  A person commits an offense if, with the intent to

3-10     obtain workers' compensation insurance coverage under the workers'

3-11     compensation insurance laws of this state or to avoid payment of

3-12     premiums due for that coverage for himself or another, the person

3-13     knowingly or intentionally:

3-14                 (1)  makes a false statement;

3-15                 (2)  misrepresents or conceals a material fact; or

3-16                 (3)  makes a false entry in, fabricates, alters,

3-17     conceals, or destroys a document other than a governmental record.

3-18           (f)  An offense under this section is:

3-19                 (1)  a Class C misdemeanor if the value of the claim is

3-20     less than $20;

3-21                 (2)  a Class B misdemeanor if the value of the claim is

3-22     $20 or more but less than $500;

3-23                 (3)  a Class A misdemeanor if the value of the claim is

3-24     $500 or more but less than $1,500;

3-25                 (4)  a state jail felony if the value of the claim is

 4-1     $1,500 or more but less than $20,000 or if a claim is made to an

 4-2     insurer and no value has been attached to the claim;

 4-3                 (5)  a felony of the third degree if the value of the

 4-4     claim is $20,000 or more but less than $100,000;

 4-5                 (6)  a felony of the second degree if the value of the

 4-6     claim is $100,000 or more but less than $200,000; or

 4-7                 (7)  a felony of the first degree if:

 4-8                       (A)  the value of the claim is $200,000 or more;

 4-9     or

4-10                       (B)  the value of the claim is less than $200,000

4-11     and the commission of the offense placed a person at risk of death

4-12     or serious bodily injury.

4-13           SECTION 3.  Subsection (a), Section 71.02, Penal Code, is

4-14     amended to read as follows:

4-15           (a)  A person commits an offense if, with the intent to

4-16     establish, maintain, or participate in a combination or in the

4-17     profits of a combination or as a member of a criminal street gang,

4-18     he commits or conspires to commit one or more of the following:

4-19                 (1)  murder, capital murder, arson, aggravated robbery,

4-20     robbery, burglary, theft, aggravated kidnapping, kidnapping,

4-21     aggravated assault, aggravated sexual assault, sexual assault,

4-22     forgery, deadly conduct, assault punishable as a Class A

4-23     misdemeanor, burglary of a motor vehicle, or unauthorized use of a

4-24     motor vehicle;

4-25                 (2)  any gambling offense punishable as a Class A

 5-1     misdemeanor;

 5-2                 (3)  promotion of prostitution, aggravated promotion of

 5-3     prostitution, or compelling prostitution;

 5-4                 (4)  unlawful manufacture, transportation, repair, or

 5-5     sale of firearms or prohibited weapons;

 5-6                 (5)  unlawful manufacture, delivery, dispensation, or

 5-7     distribution of a controlled substance or dangerous drug, or

 5-8     unlawful possession of a controlled substance or dangerous drug

 5-9     through forgery, fraud, misrepresentation, or deception;

5-10                 (6)  any unlawful wholesale promotion or possession of

5-11     any obscene material or obscene device with the intent to wholesale

5-12     promote the same;

5-13                 (7)  any unlawful employment, authorization, or

5-14     inducing of a child younger than 17 years of age in an obscene

5-15     sexual performance;

5-16                 (8)  any felony offense under Chapter 32, Penal Code;

5-17                 (9)  any offense under Chapter 36, Penal Code; [or]

5-18                 (10)  any offense under Chapter 34, Penal Code; or

5-19                 (11)  any offense under Chapter 35, Penal Code.

5-20           SECTION 4.  Sections 418.001 and 418.002, Labor Code, are

5-21     repealed.

5-22           SECTION 5.  (a)  The change in law made by this Act applies

5-23     only to an offense committed on or after the effective date of this

5-24     Act.  For purposes of this section, an offense is committed before

5-25     the effective date of this Act if any element of the offense occurs

 6-1     before the effective date.

 6-2           (b)  An offense committed before the effective date of this

 6-3     Act is covered by the law in effect when the offense was committed,

 6-4     and the former law is continued in effect for that purpose.

 6-5           SECTION 6.  This Act takes effect September 1, 1997.

 6-6           SECTION 7.  The importance of this legislation and the

 6-7     crowded condition of the calendars in both houses create an

 6-8     emergency and an imperative public necessity that the

 6-9     constitutional rule requiring bills to be read on three several

6-10     days in each house be suspended, and this rule is hereby suspended.