SRC-DPW S.B. 1587 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1587
76R4945 KLA-DBy: Zaffirini
Human Services
3/29/1999
As Filed


DIGEST 

Currently, the comptroller and the state auditor's office report possible
overpayment of approximately $162 million for Medicaid acute services.  The
comptroller's Fraud Measurement Study makes recommendations for
improvements via random audits, data matches and investigations of possible
fraud by dishonest providers and recipients.  This bill would set forth
procedures for detecting fraud, waste, and abuse in the state Medicaid
program. 

PURPOSE

As proposed, S.B. 1587 sets forth procedures for detecting fraud, waste,
and abuse in the state Medicaid program. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Health and Human Services Commission
in SECTIONS 3 and 4 (Sections 531.102 and 531.110, Government Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 32B, Human Resources Code, by adding Sections
32.0242 and 32.0243, as follows: 

Sec. 32.0242. VERIFICATION OF CERTAIN INFORMATION. Requires the Health and
Human Services Commission or an agency operating part of the medical
assistance program, as appropriate (department) to verify an applicant's
residential address on determination that an applicant is eligible for
medical assistance.  Prohibits the department from accepting a post office
box unless an applicant provides an alternative address, that can be
verified, at which the applicant can be contacted. 

Sec. 32.0243. PERIODIC REVIEW OF ELIGIBILITY FOR CERTAIN RECIPIENTS.
Requires the department in cooperation with the United States Social
Security Administration to review the eligibility of a recipient of medical
assistance based on eligibility to receive benefits under 42 U.S.C. Section
1381 et seq. as amended (SSI benefits).  Requires the department to ensure
that only recipients who reside in this state and who continue to be
eligible for SSI benefits remain eligible for medical assistance.   

SECTION 2. Amends Section 403.026(a), Government Code, as added by Chapter
1153, Acts of the 75th Legislature, Regular Session, 1997, to require the
comptroller to conduct a study to determine the need for changes to the
eligibility system used under the state Medicaid program.  Makes conforming
changes. 

SECTION 3. Amends Section 531.102, Government Code, by adding Subsections
(e) and (f), to require the Health and Human Services Commission (HHSC) to
assign the highest priority for investigation of potential fraud to claims
submitted for reimbursement for certain services.  Requires HHSC to set, by
rule, specific claims criteria, required to be based on a total dollar
amount or a total number of claims submitted for services to a particular
recipient during a specified amount of time that indicates a high potential
for fraud, that require an investigation to begin. 

SECTION 4. Amends Chapter 531C, Government Code, by adding Sections
531.109, 531.110, and 531.111, as follows: 
 
Sec. 531.109. SELECTION AND REVIEW OF CLAIMS. Requires the HHSC to review a
sample of all claims for reimbursement under the state Medicaid program,
including the vendor drug program, for potential cases of fraud, waste, or
abuse.  Requires the HHSC to directly contact a recipient by a certain
manner to verify that services claimed for reimbursement were actually
provided.  Requires the HHSC to determine the types of claims at which HHSC
resources for fraud and detection should be primarily directed.   

Sec. 531.110. ELECTRONIC DATA MATCHING PROGRAM. Requires the HHSC to
conduct electronic data matches for a recipient of assistance under the
state Medicaid program at least quarterly to verify certain factors that
affect the eligibility of the recipient.  Requires the electronic data
matching to match information provided by the recipient with information
contained in databases maintained by certain governmental entities and
neighboring states. Requires the Texas Department of Human Service (TDHS)
to provide data or any other assistance necessary to conduct the electronic
data matches to the HHSC.  Authorizes the HHSC to contract with a public or
private entity to conduct the electronic data matches.  Requires the HHSC
to establish, by rule, procedures to verify the electronic data matches.
Requires the TDHS to remove recipients ineligible for assistance under the
state Medicaid program, within 20 days of an electronic data matches'
verification.  Requires the HHSC to report biennially to the legislature on
the results of the electronic data matching program, and must include a
summary of the number of recipients removed from eligibility.   

Sec. 531.111. FRAUD DETECTION TECHNOLOGY. Authorizes the HHSC to contract
with a contractor who specializes in developing technology to implement
fraud detection technology to determine if a pattern of fraud by Medicaid
recipients is present.   

SECTION 5. Requires the HHSC to study and consider for implementation fraud
detection technology. 

SECTION 6. Requires the Texas Department of Health (TDH) to contract with a
contractor who specializes in Medicaid claims payment systems to perform
tests on the system considered for implementation by the TDH and a
contractor to conduct tests at certain times. 

SECTION 7. Requires the TDHS to develop an eligibility confirmation letter,
not easily duplicated, before January 1, 2000, to be used to replace the
Medicaid eligibility letter used on the effective date of this Act.
Requires TDHS to identify and consider other methods, including electronic
methods, for proving eligibility.  Requires the TDHS to implement a
permanent system for Medicaid eligibility confirmation by September 1,
2000.   

SECTION 8. Requires an agency affected by a need for a waiver or
authorization to implement a provision of this Act, to request a waiver or
authorization and authorizes the agency to delay implementation until the
request is granted. 

SECTION 9. Effective date: September 1, 1999.

SECTION 10. Emergency clause.