H.B. 1743 78(R)    BILL ANALYSIS


H.B. 1743
By: Delisi
State Health Care Expenditures, Select
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Texas has three divisions in two separate state agencies: the Health and
Human Services Commission's (HHSC) Office of Investigations and
Enforcement, or OIE; the Attorney General's Medicaid Fraud Control Unit,
and the Attorney General's (AG) Civil Medicaid Fraud Section. Created in
1997, the OIE has been extremely effective in identifying and recovering
millions in savings for the state.  The OIE also boasts an efficient
ration of returning $11.50 for every dollar spent in investigation.  The
Attorney General's contributions are also significant; in fiscal 1999, the
Attorney General's divisions recovered about $6 million in Medicaid funds,
the 3rd largest recovery amount in the nation that year. 
 
HB 1743 clarifies the authority of the OIE so that it may cover both
Medicaid fraud and abuse, bringing it in line with federal regulation and
avoid legal challenges.  The bill also increases the size of the AG's
Medicaid Fraud Control Unit and Civil Medicaid Fraud Section.  This will
allow these divisions to pursue more cases and dedicate more resources to
collection of overpayments. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Department of Health and Human Services in SECTION 3
(Section 32.0321, Human Resources Code) and SECTION 5 (Section 32.039,
Human Resources Code) of this bill. 

ANALYSIS

HB 1743 provides for statutory changes that streamline and redefine the
means by which fraud, abuse and overpayments are dealt with in statutory
law. 

HB 1743 adds Section 32.0291 to the Human Resources Code.  This section
allows for a prepayment review process of not more than five days to
determine if the claim involves fraud or abuse.  The new section also
allows for a post-payment hold to be placed on payments of future claims
by a provider if the department has reliable evidence tat the provider has
committed fraud regarding a claim. 

The bill also amends section 32.0321 of the Human Resources Code to
provide rule making authority to establish surety bonds if there has been
a prior conviction of a medical assistance provider. 

HB 1743 adds Subdivision (1-a) through (1-f) and subsections  (w) and (x)
to Section 32.039. Subdivisions (1-a) through (1-f) are amended to add the
definition of inducement and to provide under what conditions a person
commits a violation in regards to receiving or providing, either directly
or indirectly kickbacks, bribes or rebates for referring, inducing a
person to refer, purchasing or inducing a person to purchase items or
services that are paid for in whole or in part under the medical
assistance program. 

The bill amends Chapter 32 of the Human Resources Code by adding Section
32.060.  This section states that a third-party billing vendor must have a
contract with the department in order to submit a claim on behalf of a
provider of medical services under the medical assistance program.  This
section goes on to state what requirements that contract must contain. 

 HB 1743 goes on to amend Section 531.102, Government code to establish
the open records rules that are relevant to the office=s investigations.
The bill provides that the Office of Investigation and Enforcement is to
be considered a law enforcement agency and may obtain information in the
same manner as another law enforcement agency. 

HB 1743 amends the Government code by adding Section 531.1021.  This
section grants authority to the commission=s office of investigation and
enforcement to seize assets of persons suspected  of fraud and abuse under
the medical assistance program.  The section goes on to determine how
those assets may be seized.   

HB 1743 amends Section 531.103, Government Code by requiring a report by
the Office of the Attorney General which will be submitted to the
governor, legislature and the comptroller that addresses the activities of
the attorney general=s Medicaid Fraud Control Unit and Civil Medicaid
Fraud section.  The report must also describe in which circumstances the
commission may refer a case to the United States Attorney.  Lastly the
section adds an appointee of the Texas Department of Public Health to the
Medicaid and Public Assistance Fraud Oversight Task Force. 


EFFECTIVE DATE

(a)  Except as otherwise provided by Subsection (b) of this section, this
Act takes effect September 1, 2003. 

(b)  Section 32.060, Human Resources Code, as added by this Act, takes
effect January 1, 2004.