By Maxey                                               H.B. No. 875
         76R3484 KLA-D                           
                                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.  Subchapter C, Chapter 531, Government Code, is
 1-6     amended by adding Sections 531.1061 and 531.1062 to read as
 1-7     follows:
 1-8           Sec. 531.1061.  FRAUD INVESTIGATION TRACKING SYSTEM.  (a) The
 1-9     commission shall use an automated fraud investigation tracking
1-10     system through  the commission's office of investigations and
1-11     enforcement to monitor the progress of an investigation of
1-12     suspected fraud, abuse, or insufficient quality of care under the
1-13     state Medicaid program.
1-14           (b)  For each case of suspected fraud, abuse, or insufficient
1-15     quality of care identified by the learning or neural network
1-16     technology required  under Section 531.106, the automated fraud
1-17     investigation tracking system must:
1-18                 (1)  receive electronically transferred records
1-19     relating to the identified case from the learning or neural network
1-20     technology;
1-21                 (2)  record the details and monitor the status of an
1-22     investigation of the identified case, including maintaining a
1-23     record of the beginning and completion dates for each phase of the
1-24     case  investigation;
 2-1                 (3)  generate documents and reports related to the
 2-2     status of the case investigation; and
 2-3                 (4)  generate standard letters to a provider regarding
 2-4     the status or outcome of an investigation.
 2-5           (c)  The commission shall require each health and human
 2-6     services agency that performs any aspect of the state Medicaid
 2-7     program to participate in  the implementation and use of the
 2-8     automated fraud investigation tracking system.
 2-9           Sec. 531.1062.  RECOVERY MONITORING SYSTEM.  (a)  The
2-10     commission shall use an automated recovery monitoring system to
2-11     monitor the collections  process for a settled case of fraud,
2-12     abuse, or insufficient quality of care under the state Medicaid
2-13     program.
2-14           (b)  The recovery monitoring system must:
2-15                 (1)  monitor the collection of funds resulting from
2-16     settled cases, including:
2-17                       (A)  recording monetary payments received from a
2-18     provider who has agreed to a monetary payment plan; and
2-19                       (B)  recording deductions taken through the
2-20     recoupment program from subsequent Medicaid claims filed by the
2-21     provider; and
2-22                 (2)  provide immediate notice of a provider who has
2-23     agreed to a monetary payment plan or to deductions through the
2-24     recoupment program from subsequent Medicaid claims who fails to
2-25     comply with the settlement agreement, including providing notice of
2-26     a provider who does not make a scheduled payment or who pays less
2-27     than the scheduled amount.
 3-1           SECTION 2.  Section 22.0252, Human Resources Code, is amended
 3-2     by adding Subsections (c) and (d) to read as follows:
 3-3           (c)  The department shall ensure that the telephone
 3-4     collection program attempts to collect reimbursement for all
 3-5     identified delinquent  payments for which 15 days or more have
 3-6     elapsed since the initial notice of delinquency was sent to the
 3-7     recipient.
 3-8           (d)  The department shall use an automated collections system
 3-9     to monitor the results of the telephone collection program.  The
3-10     system must:
3-11                 (1)  accept data from the accounts receivable tracking
3-12     system used by the department;
3-13                 (2)  automate recording tasks performed by a collector,
3-14     including providing access to department records regarding the
3-15     recipient and recording notes and actions resulting from a call
3-16     placed to the recipient;
3-17                 (3)  automatically generate a letter to a recipient
3-18     following a telephone contact that confirms the action to be taken
3-19     regarding the delinquency;
3-20                 (4)  monitor the receipt of scheduled payments from a
3-21     recipient for repayment of a delinquency; and
3-22                 (5)  generate reports  regarding the effectiveness of
3-23     individual collectors and of the telephone collection program.
3-24           SECTION 3.  Not later than January 1, 2000, the Health and
3-25     Human Services Commission shall:
3-26                 (1)  implement the automated fraud investigation
3-27     tracking system required by Section 531.1061, Government Code, as
 4-1     added by by this Act; and
 4-2                 (2)  award the contract for the purchase and
 4-3     installation of commercially available accounting software
 4-4     necessary to implement the recovery monitoring system  required by
 4-5     Section 531.1062, Government Code, as added by this Act, and begin
 4-6     using the software.
 4-7           SECTION 4.  Not later than January 1, 2000, the Department of
 4-8     Human Services shall award the contract for the purchase and
 4-9     installation of commercially available collections software
4-10     necessary to implement the automated collections system required by
4-11     Section 22.0252, Human Resources Code, as amended by this Act, and
4-12     begin using the software.
4-13           SECTION 5.  This Act takes effect September 1, 1999.
4-14           SECTION 6.  The importance of this legislation and the
4-15     crowded condition of the calendars in both houses create an
4-16     emergency and an imperative public necessity that the
4-17     constitutional rule requiring bills to be read on three several
4-18     days in each house be suspended, and this rule is hereby suspended.