By Zaffirini                                          S.B. No. 1587
         76R4945 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the detection of fraud, waste, and abuse in the state
 1-3     Medicaid  program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
 1-6     is amended by adding Sections 32.0242 and 32.0243 to read as
 1-7     follows:
 1-8           Sec. 32.0242.  VERIFICATION OF CERTAIN INFORMATION.  (a)  The
 1-9     department shall verify the applicant's residential address on
1-10     determination that an applicant is eligible for medical assistance.
1-11           (b)  The department may not accept a post office box number
1-12     in lieu of a  residential address for an applicant unless the
1-13     applicant provides an alternative physical address at which the
1-14     applicant can be contacted and that can be verified by the
1-15     department.
1-16           Sec. 32.0243.  PERIODIC REVIEW OF ELIGIBILITY FOR CERTAIN
1-17     RECIPIENTS.  (a)  The department, in cooperation with the United
1-18     States Social  Security Administration, shall periodically review
1-19     the eligibility of a recipient of medical assistance who is
1-20     eligible on the basis of the recipient's eligibility for
1-21     Supplemental Security Income (SSI) benefits under 42 U.S.C.
1-22     Section 1381 et seq., as amended.
1-23           (b)  In reviewing the eligibility of a recipient as required
1-24     by Subsection (a), the department shall ensure that only recipients
 2-1     who reside in  this state and who continue to be eligible for
 2-2     Supplemental Security Income (SSI) benefits under 42 U.S.C.
 2-3     Section 1381 et seq., as amended, remain eligible for medical
 2-4     assistance.
 2-5           SECTION 2.  Section 403.026(a), Government Code, as added by
 2-6     Chapter 1153, Acts of the 75th Legislature, Regular Session, 1997,
 2-7     is amended to read as follows:
 2-8           (a)  The comptroller shall conduct a study each biennium to
 2-9     determine:
2-10                 (1)  the number and type of fraudulent claims for
2-11     medical or health care benefits submitted:
2-12                       (A) [(1)]  under the state Medicaid program;
2-13                       (B) [(2)]  under group health insurance programs
2-14     administered through the Employees Retirement System of Texas for
2-15     active and retired  state employees; or
2-16                       (C) [(3)]  by or on behalf of a state employee
2-17     and administered by the attorney general under Chapter 501, Labor
2-18     Code; and
2-19                 (2)  the need for changes to the eligibility system
2-20     used under the state Medicaid program.
2-21           SECTION 3.  Section 531.102, Government Code, is amended by
2-22     adding Subsections (e) and (f) to read as follows:
2-23           (e)  In setting the priorities for the office as required by
2-24     Subsection (b), the commission shall assign the highest priority
2-25     for investigation  of potential fraud to claims submitted for
2-26     reimbursement for:
2-27                 (1)  outpatient hospital services;
 3-1                 (2)  ancillary services;
 3-2                 (3)  emergency room services; and
 3-3                 (4)  home health care services.
 3-4           (f)  The commission by rule shall set specific claims
 3-5     criteria that, when met, require the office to begin an
 3-6     investigation.  The claims  criteria must be based on a total
 3-7     dollar amount or a total number of claims submitted for services to
 3-8     a particular recipient during a specified amount of time that
 3-9     indicates a high potential for fraud.
3-10           SECTION 4.  Subchapter C, Chapter 531, Government Code, is
3-11     amended by adding Sections 531.109, 531.110, and 531.111 to read as
3-12     follows:
3-13           Sec. 531.109.  SELECTION AND REVIEW OF CLAIMS.  (a)  The
3-14     commission shall annually select and review a random, statistically
3-15     valid sample of all claims for reimbursement under the state
3-16     Medicaid program, including the vendor drug program, for potential
3-17     cases of fraud, waste, or abuse.
3-18           (b)  In conducting the annual review of claims under
3-19     Subsection (a), the commission must directly contact a recipient by
3-20     telephone or in person, or both, to verify that the services for
3-21     which a claim for reimbursement was submitted by a provider were
3-22     actually provided to the recipient.
3-23           (c)  Based on the results of the annual review of claims, the
3-24     commission shall determine the types of claims at which commission
3-25     resources for fraud and abuse detection should be primarily
3-26     directed.
3-27           Sec. 531.110.  ELECTRONIC DATA MATCHING PROGRAM.  (a)  The
 4-1     commission shall conduct electronic data matches for a recipient of
 4-2     assistance under the state Medicaid program at least quarterly to
 4-3     verify the identity, income, employment status, and other factors
 4-4     that affect the eligibility of the recipient.
 4-5           (b)  To verify eligibility of a recipient for assistance
 4-6     under the state Medicaid program, the electronic data matching must
 4-7     match information provided by the recipient with information
 4-8     contained in databases maintained by:
 4-9                 (1)  the Texas Workers' Compensation Commission;
4-10                 (2)  the Texas Workforce Commission;
4-11                 (3)  the Texas Department of Criminal Justice;
4-12                 (4)  the Internal Revenue Service;
4-13                 (5)  the United States Social Security Administration;
4-14     and
4-15                 (6)  states that border this state.
4-16           (c)  The Texas Department of Human Services shall cooperate
4-17     with the commission by providing data or any other assistance
4-18     necessary to  conduct the electronic data matches required by this
4-19     section.
4-20           (d)  The commission may contract with a public or private
4-21     entity to conduct the electronic data matches required by this
4-22     section.
4-23           (e)  The commission by rule shall establish procedures to
4-24     verify the electronic data matches conducted under this section.
4-25     Not later than the 20th day after the date the  electronic data
4-26     match is verified, the Texas Department of Human Services shall
4-27     remove from eligibility a recipient who is determined to be
 5-1     ineligible for assistance under the state Medicaid program.
 5-2           (f)  The commission shall report biennially to the
 5-3     legislature  the results of the electronic data matching program.
 5-4     The report must include a summary of the number of applicants who
 5-5     were removed from eligibility for assistance under the state
 5-6     Medicaid program as a result of an electronic data match conducted
 5-7     under this section.
 5-8           Sec. 531.111.  FRAUD DETECTION TECHNOLOGY.  The commission
 5-9     may contract with a contractor who specializes in developing
5-10     technology capable of identifying patterns of fraud exhibited by
5-11     Medicaid recipients to:
5-12                 (1)  develop and implement the fraud detection
5-13     technology; and
5-14                 (2)  determine if a pattern of fraud by Medicaid
5-15     recipients is present in the recipients' eligibility files
5-16     maintained by the Texas Department of Human Services.
5-17           SECTION 5.  The Health and Human Services Commission, in
5-18     cooperation with the office of inspector general of the Texas
5-19     Department of Human Services, shall study and consider for
5-20     implementation  fraud detection technology or any other technology
5-21     that can identify information in the eligibility file of a Medicaid
5-22     recipient that indicates potential fraud and the need for further
5-23     investigation.
5-24           SECTION 6.  (a)  Not later than December 31, 1999, the Texas
5-25     Department of Health shall contract with a contractor who
5-26     specializes in Medicaid claims payment systems to perform tests on
5-27     a Medicaid claims payment system considered for implementation by
 6-1     the department to:
 6-2                 (1)  ensure the smooth and timely payment of claims;
 6-3                 (2)  ensure accuracy of claims payments; and
 6-4                 (3)  reveal inconsistencies in the payment system.
 6-5           (b)  The contract under Subsection (a) must require the
 6-6     contractor to perform initial tests on a new Medicaid claims
 6-7     payment system before implementation and to perform subsequent
 6-8     tests on the system before implementation of any future change to
 6-9     the operation of the system.
6-10           SECTION 7.  (a)  Not later than January 1, 2000, the Texas
6-11     Department of Human Services shall develop a Medicaid eligibility
6-12     confirmation letter that is not easily duplicated.  The department
6-13     shall begin using the confirmation letter in place of the Medicaid
6-14     eligibility confirmation letter used on the effective date of this
6-15     Act to reduce fraudulent use of duplicate letters to receive
6-16     assistance under the state Medicaid program.  The confirmation
6-17     letter developed under this subsection must be used until a
6-18     permanent system for eligibility confirmation is implemented as
6-19     required by this section.
6-20           (b)  The Texas Department of Human Services shall identify
6-21     and consider for implementation alternative methods, including
6-22     electronic methods, to the method used by a recipient to prove
6-23     eligibility under the state Medicaid program to a provider on the
6-24     effective date of this Act.  In identifying alternative methods,
6-25     the department shall consider the methods for proving eligibility
6-26     implemented by other states.
6-27           (c)  Not later than September 1, 2000, the Texas Department
 7-1     of Human Services shall implement a permanent system for Medicaid
 7-2     eligibility confirmation for use by a recipient to prove
 7-3     eligibility under the state Medicaid program to a provider.  The
 7-4     system must be designed to reduce the potential for fraudulent
 7-5     claims of eligibility.
 7-6           SECTION 8.  If before implementing any provision of this Act
 7-7     a state agency determines that a waiver or authorization from a
 7-8     federal agency is necessary for implementation of that provision,
 7-9     the agency affected by the provision shall request the waiver or
7-10     authorization and may delay implementing that provision until the
7-11     waiver or authorization is granted.
7-12           SECTION 9.  This Act takes effect September 1, 1999.
7-13           SECTION 10.  The importance of this legislation and the
7-14     crowded condition of the calendars in both houses create an
7-15     emergency and an imperative public necessity that the
7-16     constitutional rule requiring bills to be read on three several
7-17     days in each house be suspended, and this rule is hereby suspended.