Amend CSHB 2292 by adding the following appropriately
numbered section and renumbering subsequent sections of the bill
accordingly:
SECTION ___. (a) Section 531.101, Government Code, is
amended to read as follows:
Sec. 531.101. AWARD FOR REPORTING MEDICAID FRAUD, ABUSE, OR
OVERCHARGES. (a) The commission may grant an award to an individual
who reports activity that constitutes fraud or abuse of funds in the
state Medicaid program or reports overcharges in the program if the
commission determines that the disclosure results in the recovery
of an administrative penalty imposed under Section 32.039, Human
Resources Code. The commission may not grant an award to an
individual in connection with a report if the commission or
attorney general had independent knowledge of the activity reported
by the individual [overcharge or in the termination of the
fraudulent activity or abuse of funds].
(b) The commission shall determine the amount of an award.
The award may not exceed five [must be equal to not less than 10]
percent of the amount of the administrative penalty imposed under
Section 32.039, Human Resources Code, [savings to this state] that
resulted [result] from the individual's disclosure. In determining
the amount of the award, the commission shall consider how
important the disclosure is in ensuring the fiscal integrity of the
program. The commission may also consider whether the individual
participated in the fraud, abuse, or overcharge.
(c) [An award under this section is subject to
appropriation. The award must be paid from money appropriated to or
otherwise available to the commission, and additional money may not
be appropriated to the commission for the purpose of paying the
award.
[(d) Payment of an award under this section from federal
funds is subject to the permissible use under federal law of funds
for this purpose.
[(e)] A person who brings an action under Subchapter C,
Chapter 36, Human Resources Code, is not eligible for an award under
this section.
(b) Section 531.101, Government Code, as amended by this
section, applies only to a report that occurs on or after the
effective date of this section. A report that occurs before the
effective date of this section is governed by the law in effect at
the time of the report, and the former law is continued in effect
for that purpose.