SRC-JJJ S.B. 11 76(R) BILL ANALYSIS Senate Research Center S.B. 11 76R1913 KKA-DBy: Zaffirini Human Services 2/8/1999 As Filed DIGEST Currently, Texas law establishes that a person commits a felony if the person knowingly provided improper information relating to payments to the state Medicaid program. This bill would change the standard of proof for Medicaid fraud from actual knowledge to constructive knowledge. PURPOSE As proposed, S.B. 11 establishes provisions regarding the mental state applicable to certain violations under the state Medicaid program. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 32.039(b) and (d), Human Resources Code, to establish that a person commits a violation if the person presents a claim to the Department of Human Services that the person knows or should know to be false. Makes conforming changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.