By Zaffirini, et al.                                    S.B. No. 11
         76R1913 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the mental state applicable to certain violations under
 1-3     the state Medicaid program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 32.039(b) and (d), Human Resources Code,
 1-6     are amended to read as follows:
 1-7           (b)  A person commits a violation if the person:
 1-8                 (1)  presents or causes to be presented to the
 1-9     department a claim that contains a statement or representation the
1-10     person knows or should know to be false;  or
1-11                 (2)  is a managed care organization that contracts with
1-12     the department to provide or arrange to provide health care
1-13     benefits or services to individuals eligible for medical assistance
1-14     and:
1-15                       (A)  fails to provide to an individual a health
1-16     care benefit or service that the organization is required to
1-17     provide under the contract with the department;
1-18                       (B)  fails to provide to the department
1-19     information required to be provided by law, department rule, or
1-20     contractual provision;
1-21                       (C)  engages in a fraudulent activity in
1-22     connection with the enrollment in the organization's managed care
1-23     plan of an individual eligible for medical assistance or in
1-24     connection with marketing the organization's services to an
 2-1     individual eligible for medical assistance; or
 2-2                       (D)  engages in actions that indicate a pattern
 2-3     of:
 2-4                             (i)  wrongful denial of payment for a
 2-5     health care benefit or service that the organization is required to
 2-6     provide under the contract with the department; or
 2-7                             (ii)  wrongful delay of at least 45 days or
 2-8     a longer period specified in the contract with the department, not
 2-9     to exceed 60 days, in making payment for a health care benefit or
2-10     service that the organization is required to provide under the
2-11     contract with the department.
2-12           (d)  Unless the provider submitted information to the
2-13     department for use in preparing a voucher that the provider knew or
2-14     should have known was false or failed to correct information that
2-15     the provider knew or should have known was false when provided an
2-16     opportunity to do so, this section does not apply to a claim based
2-17     on the voucher if the department calculated and printed the amount
2-18     of the claim on the voucher and then submitted the voucher to the
2-19     provider for the provider's signature.  In addition, the provider's
2-20     signature on the voucher does not constitute fraud.  The department
2-21     shall adopt rules that establish a grace period during which errors
2-22     contained in a voucher prepared by the department may be corrected
2-23     without penalty to the provider.
2-24           SECTION 2.  The change in law made by Section 1 of this Act
2-25     applies only to a violation committed on or after the effective
2-26     date of this Act.  For purposes of this section, a violation is
2-27     committed on or after the effective date of this Act only if each
 3-1     element of the violation occurs on or after that date.  A violation
 3-2     committed before the effective date of this Act is covered by the
 3-3     law in effect when the violation was committed, and the former law
 3-4     is continued in effect for that purpose.
 3-5           SECTION 3.  This Act takes effect September 1, 1999.
 3-6           SECTION 4.  The importance of this legislation and the
 3-7     crowded condition of the calendars in both houses create an
 3-8     emergency and an imperative public necessity that the
 3-9     constitutional rule requiring bills to be read on three several
3-10     days in each house be suspended, and this rule is hereby suspended.