SRC-JBJ C.S.S.B. 1590 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1590
76R11040 PB-DBy: Zaffirini
Human Services
4/1/1999
Committee Report (Substituted)


DIGEST 

Currently, a person or a health care provider may fraudulently obtain or
deny a workers' compensation medical benefit or payment for a medical
service.  The comptroller states in a report, the Health Care Claims Study,
that the State Office of Risk Management (office) has no authority to
sanction providers who do not comply with the requirements of the state's
workers' compensation system.  Subsequently, the comptroller recommended
providing the office with sanctioning authority. C.S.S.B. 1590 would
establish the investigation and prosecution of fraud in the workers'
compensation program for state employees. 

PURPOSE

As proposed, C.S.S.B. 1590 establishes the investigation and prosecution of
fraud in the workers' compensation program for state employees. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the risk management board of the State
Office of Risk Management in SECTION 1 (Section 412.064, Chapter 412, Labor
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 412, Labor Code, by adding Subchapter G, as
follows: 

SUBCHAPTER G.  FRAUD INVESTIGATION AND PREVENTION REGARDING MEDICAL BENEFITS

 Sec. 412.061.  DEFINITIONS.  Defines "fraudulent act" and  "program."

Sec. 412.062.  CLAIM REVIEW BY OFFICE.  Requires the State Office Risk
Management (office) to conduct periodic reviews of claims for medical
benefits as necessary to determine the medical necessity and
appropriateness of the provided services.  Requires the office to conduct
appropriate claim reviews, in additional to periodic reviews.  Authorizes
the office to withhold payments to a health care provider who does not
provide certain documentation necessary to verify a medical service related
to a claim.  Requires the board to establish criteria that trigger medical
care coordination based on the date of injury, the amount paid in medical
benefits, and inappropriate treatment patterns.  Requires the office to
implement measures for medical care coordination to ensure injured workers
receive appropriate treatment for reported injuries. 

Sec. 412.063.  CLAIMS AUDIT.  Requires the director of the office
(director) to conduct an annual audit of claims for medical benefits as
provided by this section.  Requires the director to select certain random
claims and to audit the claims to determine validity.  Requires the audit
to include a review of the claimant's medical history and medical records.
Authorizes the director to contract with a private entity for performance
of the audit.   

Sec. 412.064.  PREPAYMENT AUDIT.  Requires the risk management board of the
office to require, by rule, the office to implement certain prepayment
audit procedures.   

 Sec. 412.065.  TRAINING CLASSES IN FRAUD PREVENTION.  Requires the
director to implement annual training classes for staff of state agencies,
contractors,  or administering firms who process workers' compensation
claims submitted under the program to assist the attendees  to identify
potential misrepresentation or fraud in the operation of the program.
Authorizes the director to contract with the Health and Human Services
Commission (commission) or with a private entity for the operation of the
training classes. 

Sec. 412.066.  ACTION BY OFFICE; COOPERATION REQUIRED.  Requires the office
to take action against a provider who has obtained payment through a
fraudulent act. Requires the office to report any action in writing to the
commission.  Requires each participating state agency and health care
provider to participate and cooperate, including providing access to
patient medical records, in any investigation conducted by the director, as
a condition of participation.  Entitles the director to access to patient
medical records and is a "governmental agency" for purposes of this
subchapter, notwithstanding any other provision of law.  Provides that any
medical record submitted to the director is confidential and not subject to
disclosure. 

Sec. 412.067.  FRAUDULENT ACTS BY CLAIMANTS OR PROVIDERS.  Requires the
director to investigate each complaint alleging a fraud by a claimant, a
health care provider, or a state agency regarding a participating provider.
Requires the director to terminate the investigation if, after an initial
investigation, the complaint is unfounded.  Requires the director to refer
the complaint to the commission, if further action is warranted, and to
provide the relevant information.  Requires the commission to initiate
promptly administrative proceedings or criminal prosecution on the
complaint, and to require restitution to the office in addition to any
other penalty assessed or action taken. 

Sec. 412.068.  REPORTS.  Requires the commission and office to report to
the legislature at each session certain statistics and other information
regarding the claims, prosecutions, restitution, referrals, amount of
fraud, and collected restitution on providers.   

SECTION 2.  Requires the office to implement the training classes under
Section 412.065, Labor Code, by January 1, 2000. 

SECTION 3.  Requires the board to conduct a study regarding the use of
fraud detection software. Authorizes the study to include an analysis of
the fraud detection program used by the Health and Human Services
Commission under Chapter 22, Human Resources Code, for the detection of
fraud in the Medicaid program.  Requires the board to report the results of
its study by February 1, 2001. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5.Emergency clause.

 

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 412.062, Labor Code, to require the office to conduct a
claim review on appropriate claims.  Adds Subsections (d) and (e), to
require the board and the office to establish criteria for coordination.  

Deletes proposed Section 412.065, Labor Code, regarding a toll-free
telephone number. Renumbers Sections 412.066 to 412.068, Labor Code, as
Sections 412.065 to 412.067, Labor Code. 

Amends the heading of Section 412.067, Labor Code.  Requires the director
to refer the complaint to the commission, rather than the risk management
board.  Requires the commission to initiate administrative proceedings or
criminal prosecution on the complaint,  and to require restitution. 

 Adds Section 412.068, Labor Code, regarding reports.

 Deletes proposed Section 412.069, Labor Code, regarding administrative
penalties. 

SECTION 2.

Requires the office to implement training classes.  Deletes the requirement
to implement a toll-free number. 

SECTION 3.  

 Deletes proposed SECTION 3 regarding a requirement to implement training
classes. 

Reassigns proposed SECTION 4 as SECTION 3, regarding a requirement to make
certain studies. 

SECTIONS 4-5.

 Deletes proposed SECTION 5 making this Act prospective.

 Reassigns SECTIONS 6 and 7 as SECTIONS 4 and 5.