76R9730 KLA-D                           
         By Maxey                                               H.B. No. 875
         Substitute the following for H.B. No. 875:
         By Maxey                                           C.S.H.B. No. 875
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to increasing collections for cases of fraud in the
 1-3     Medicaid, financial assistance, and food stamp programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 531.102, Government Code, is amended by
 1-6     adding Subsection (e) to read as follows:
 1-7           (e)  The commission by rule shall establish procedures to
 1-8     provide to a person who is the subject of an investigation for
 1-9     Medicaid or welfare fraud or abuse an opportunity to review and
1-10     correct inaccuracies in the information on which the investigation
1-11     is based.
1-12           SECTION 2.  Subchapter C, Chapter 531, Government Code, is
1-13     amended by adding Sections 531.1061 and 531.1062 to read as
1-14     follows:
1-15           Sec. 531.1061.  FRAUD INVESTIGATION TRACKING SYSTEM.  (a) The
1-16     commission shall use an automated fraud investigation tracking
1-17     system through  the commission's office of investigations and
1-18     enforcement to monitor the progress of an investigation of
1-19     suspected fraud, abuse, or insufficient quality of care under the
1-20     state Medicaid program.
1-21           (b)  For each case of suspected fraud, abuse, or insufficient
1-22     quality of care identified by the learning or neural network
1-23     technology required  under Section 531.106, the automated fraud
1-24     investigation tracking system must:
 2-1                 (1)  receive electronically transferred records
 2-2     relating to the identified case from the learning or neural network
 2-3     technology;
 2-4                 (2)  record the details and monitor the status of an
 2-5     investigation of the identified case, including maintaining a
 2-6     record of the beginning and completion dates for each phase of the
 2-7     case  investigation;
 2-8                 (3)  generate documents and reports related to the
 2-9     status of the case investigation; and
2-10                 (4)  generate standard letters to a provider regarding
2-11     the status or outcome of an investigation.
2-12           (c)  The commission shall require each health and human
2-13     services agency that performs any aspect of the state Medicaid
2-14     program to participate in the implementation and use of the
2-15     automated fraud investigation tracking system.
2-16           Sec. 531.1062.  RECOVERY MONITORING SYSTEM.  (a)  The
2-17     commission shall use an automated recovery monitoring system to
2-18     monitor the collections process for a settled case of fraud, abuse,
2-19     or insufficient quality of care under the state Medicaid program.
2-20           (b)  The recovery monitoring system must:
2-21                 (1)  monitor the collection of funds resulting from
2-22     settled cases, including:
2-23                       (A)  recording monetary payments received from a
2-24     provider who has agreed to a monetary payment plan; and
2-25                       (B)  recording deductions taken through the
2-26     recoupment program from subsequent Medicaid claims filed by the
2-27     provider; and
 3-1                 (2)  provide immediate notice of a provider who has
 3-2     agreed to a monetary payment plan or to deductions through the
 3-3     recoupment program from subsequent Medicaid claims who fails to
 3-4     comply with the settlement agreement, including providing notice of
 3-5     a provider who does not make a scheduled payment or who pays less
 3-6     than the scheduled amount.
 3-7           SECTION 3.  Section 22.025, Human Resources Code, is amended
 3-8     by adding Subsection (e) to read as follows:
 3-9           (e)  The department by rule shall establish procedures to
3-10     provide to a person who received in error as determined by the
3-11     department a benefit under the food stamp program or the program of
3-12     financial assistance under Chapter 31 an opportunity to review and
3-13     correct inaccuracies in the information on which that determination
3-14     is based.
3-15           SECTION 4.  Section 22.0252, Human Resources Code, is amended
3-16     by adding Subsections (c) and (d) to read as follows:
3-17           (c)  The department shall ensure that the telephone
3-18     collection program attempts to collect reimbursement for all
3-19     identified delinquent  payments for which 15 days or more have
3-20     elapsed since the initial notice of delinquency was sent to the
3-21     recipient.
3-22           (d)  The department shall use an automated collections system
3-23     to monitor the results of the telephone collection program.  The
3-24     system must:
3-25                 (1)  accept data from the accounts receivable tracking
3-26     system used by the department;
3-27                 (2)  automate recording tasks performed by a collector,
 4-1     including providing access to department records regarding the
 4-2     recipient and recording notes and actions resulting from a call
 4-3     placed to the recipient;
 4-4                 (3)  automatically generate a letter to a recipient
 4-5     following a telephone contact that confirms the action to be taken
 4-6     regarding the delinquency;
 4-7                 (4)  monitor the receipt of scheduled payments from a
 4-8     recipient for repayment of a delinquency; and
 4-9                 (5)  generate reports  regarding the effectiveness of
4-10     individual collectors and of the telephone collection program.
4-11           SECTION 5.  Not later than January 1, 2000, the Health and
4-12     Human Services Commission shall:
4-13                 (1)  implement the automated fraud investigation
4-14     tracking system required by Section 531.1061, Government Code, as
4-15     added by this Act; and
4-16                 (2)  award the contract for the purchase and
4-17     installation of commercially available accounting software
4-18     necessary to implement the recovery monitoring system  required by
4-19     Section 531.1062, Government Code, as added by this Act, and begin
4-20     using the software.
4-21           SECTION 6.  Not later than January 1, 2000, the Department of
4-22     Human Services shall award the contract for the purchase and
4-23     installation of commercially available collections software
4-24     necessary to implement the automated collections system required by
4-25     Section 22.0252, Human Resources Code, as amended by this Act, and
4-26     begin using the software.
4-27           SECTION 7.  This Act takes effect September 1, 1999.
 5-1           SECTION 8.  The importance of this legislation and the
 5-2     crowded condition of the calendars in both houses create an
 5-3     emergency and an imperative public necessity that the
 5-4     constitutional rule requiring bills to be read on three several
 5-5     days in each house be suspended, and this rule is hereby suspended.