SRC-VRA S.B. 1168 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1168
78R1518 KKA-DBy: Janek
Health & Human Services
4/1/2003
As Filed


DIGEST AND PURPOSE 

Texas has three divisions in two separate state agencies that investigate
Medicaid fraud, abuse, and overpayments.  The Texas Health and Human
Services Commission's Office of Investigations and Enforcement (OIE)
investigates complaints of fraud and abuse.  The Office of the Attorney
General's Medicaid Fraud Control Unit conducts criminal investigations
into allegations of fraud, physical abuse and criminal neglect by Medicaid
providers, while its Civil Medicaid Fraud Section investigates civil
Medicaid fraud.  As proposed, S.B. 1168 allocates more resources toward
these entities to help improve and increase efforts to identify,
reconcile, and prevent Medicaid fraud and abuse. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Health and Human Services
Commission in SECTION 4 (Section 32.0321(a), Human Resources Code) and in
SECTION 6 (Section 32.039, Human Resources Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.024, Human Resources Code, by adding
Subsection (t-1), as follows: 

(t-1)  Prohibits the Health and Human Services Commission (HHSC), in its
rules governing the medical transportation program, from prohibiting a
recipient of medical assistance from receiving transportation services
through the program on the basis that the recipient resides in a nursing
facility. 

SECTION 2.  Amends Chapter 32B, Human Resources Code, by adding Section
32.0291, as follows: 

Sec.  32.0291.  PREPAYMENT REVIEWS AND POSTPAYMENT HOLDS.(a) Authorizes
HHSC, notwithstanding any other law, to perform certain functions. 

(b)  Authorizes HHSC, notwithstanding any other law, to impose a
postpayment hold on payment of future claims submitted by a provider if
HHSC has reliable evidence that the provider has committed fraud or wilful
misrepresentation regarding a claim for reimbursement under the medical
assistance program. Requires HHSC to notify the provider of the
postpayment hold not later than the fifth working day after the date the
hold is imposed. 

SECTION 3.  Amends Section 32.032, Human Resources Code, to add "abuse" to
existing text related to prevention and detection of fraud.  Makes
conforming changes. 

SECTION 4.  Amends Section 32.0321(a), Human Resources Code, to require
HHSC by rule to require a provider of medical assistance to file with HHSC
a surety bond in a reasonable amount if HHSC identifies an irregularity
relating to the provider's services under the medical assistance program
that indicates the need for protection against potential future acts of
fraud or abuse. 

SECTION 5.  Amends Section 32.039(a), Human Resources Code, by adding
Subdivision (1-a),  to provide that "inducement" includes a service, cash
in any amount, entertainment, or any item of value. 

SECTION 6.  Amends Section 32.039, Human Resources Code, by amending
Subsections(b),(u), and (v) and adding Subsections (w) and (x), as
follows: 

(b)  Sets forth new violations relating to influencing a decision
regarding a selection of a provider for goods or services. 

 (u)  Makes conforming changes.

 (v)  Makes conforming changes.

(w)  Authorizes HHSC by rule to prescribe criteria under which a person
described by Subsection (u) or (v) is not prohibited from providing or
arranging to provide health care services under the medical assistance
program.  Authorizes the criteria to include consideration of certain
information. 
  
(x)  Provides that Subsections (b)(1-b) through (1-f) do not prohibit a
person from engaging in certain practices. 

SECTION 7.  Amends Chapter 32B, Human Resources Code, by adding Section
32.0391, as follows: 
 
Sec. 32.0391.  CRIMINAL OFFENSE.  (a)  Provides that a person commits an
offense if the person commits a violation under Section 32.039(b)(1-b),
(1-c), (1-d), or (1-e). 
 
  (b)  Provides that an offense under this section is a state jail felony.
 
(c)  Authorizes the person, if conduct constituting an offense under this
section also constitutes an offense under another provision of law,
including a provision in the Penal Code, to be prosecuted under either
this section or the other provision. 

SECTION 8.  Amends Chapter 32B, Human Resources Code, by adding Section
32.060, as follows: 
 
Sec. 32.060.  THIRD-PARTY BILLING VENDORS.  (a)  Prohibits a third-party
billing vendor from submitting a claim with HHSC for reimbursement on
behalf of a provider of medical services under the medical assistance
program unless the vendor has entered into a contract with HHSC
authorizing that activity. 
 
(b)  Requires the contract, to the extent practical, to contain provisions
comparable to the provisions contained in contracts between HHSC and
providers of medical services, with an emphasis on provisions designed to
prevent fraud or abuse under the medical assistance program.  Requires the
contract, at a minimum, to require the third-party billing vendor to
perform certain tasks. 

(c)  Requires HHSC, on receipt of a claim submitted by a third-party
billing vendor, to send a remittance notice directly to the provider
referenced in the claim.  Requires the notice detail certain information. 
  
(d)  Requires HHSC to take all action necessary, including any
modifications of HHSC's claims processing system, to enable HHSC to
identify and verify a thirdparty billing vendor submitting a claim for
reimbursement under the medical assistance program, including
identification and verification of any computer or telephone line used in
submitting the claim, any relevant user password used in submitting the
claim, and any provider number referenced in the claim. 

 SECTION 9. Amends Section 531.102, Government Code, by amending
Subsections (a) and (d) and adding Subsections (f) and (g), as follows: 
 
 (a) and (d)  Make conforming changes.
 
(f)  Provides that notwithstanding any other law, for purposes of
obtaining information relevant to the office's duties from a law
enforcement agency, prosecutor, or governmental entity, the office is
considered to be a law enforcement agency and authorizes it to obtain the
information in the same manner as another law enforcement agency.
Provides that information obtained by the office under this subsection
that deals with the detection, investigation, or prosecution of crime is
excepted from the requirements of Section 552.021 in the manner provided
by Section 552.108. 
 
(g)  Authorizes the office, in connection with the investigation of fraud
and abuse in the provision of health and human services, to issue a
subpoena throughout this state to compel the attendance and testimony of a
witness or production of records.  Authorizes the subpoena to compel
attendance or production at the office or at another place designated in
the subpoena. 

SECTION 10.  Amends Chapter 531C, Government Code, by adding Section
531.1021, as follows: 
 
Sec. 531.1021.  SEIZURE OF ASSETS.  (a)  Authorizes HHSC, through HHSC's
office of investigations and enforcement, to seize assets owned by a
person if certain conditions are met. 
  
(b)  Requires HHSC to provide a person whose assets are seized with an
opportunity for a hearing at which the person may contest the seizure. 
 
  (c)  Prohibits HHSC from disposing of seized assets until certain
factors are met. 
 
SECTION 11.  Amends Section 531.103, Government Code, by adding
Subsections (c-1) and (e1) and amending Subsection (e), as follows: 
 
(c-1)  Requires, the office of the attorney general, not later than
November 1 of each year, to prepare and submit to the governor, the
legislature, and the comptroller a report that specifically addresses the
activities of the attorney general's Medicaid fraud control unit and civil
Medicaid fraud section, in addition to the report required by Subsection
(c). Requires the attorney general to consult with the comptroller
regarding the format of the report and make reasonable efforts to provide
the report in the format requested by the comptroller.  Requires the
report to specify, for the Medicaid fraud control unit and the civil
Medicaid fraud section, respectively, certain information. 
  
(e)  Requires HHSC to refer a case of suspected fraud, waste, or abuse
under the state Medicaid program to the appropriate United States
attorney. 
 
(e-1)  Requires, in addition to the provisions required by Subsection (a),
the memorandum of understanding required by this section to identify
circumstances under which HHSC may refer a case of suspected fraud, waste,
or abuse under the state Medicaid program directly to the appropriate
United States attorney, district attorney, county attorney, city attorney,
or private collection agency.  Provides that a case referred in accordance
with this subsection is considered approved by the attorney general under
Section 2107.003. 

SECTION 12.  Amends Section 531.107(b), Government Code, to provide that
the task force includes a representative of the Texas Department of
Health, appointed by the commissioner of public health. 

SECTION 13.  (a)  Requires the Medicaid and Public Assistance Fraud
Oversight Task Force,  with the participation of the Texas Department of
Health's Bureau of Vital Statistics and other agencies designated by the
comptroller, to study procedures and documentation requirements used by
the state in confirming a person's identity for purposes of establishing
entitlement to Medicaid and other benefits provided through health and
human services programs. 

(b)  Requires, the Medicaid and Public Assistance Fraud Oversight Task
Force, not later than December 1, 2004, with assistance from the agencies
participating in the study required by Subsection (a) of this section, to
submit a report to the legislature containing recommendations for
improvements in the procedures and documentation requirements described by
Subsection (a) of this section that would strengthen the state's ability
to prevent fraud and abuse in the Medicaid program and other health and
human services programs. 

SECTION 14.  Requires, the Office of the Attorney General and the Health
and Human Services Commission, not later than December 1, 2003,  to amend
the memorandum of understanding required by Section 531.103, Government
Code, as necessary to comply with Section 531.103(e1), Government Code, as
added by this Act. 

SECTION 15.  Makes application of the changes in law made by this Act
prospective. 

SECTION 16.  Requires a state agency, if before implementing any provision
of this Act the agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision, to
request the waiver or authorization and authorizes it to delay
implementing that provision until the waiver or authorization is granted. 

SECTION 17.  (a)  Provides that except as otherwise provided by Subsection
(b) of this section, this Act takes effect September 1, 2003. 
 
(b)  Provides that Section 32.060, Human Resources Code, as added by this
Act, takes effect January 1, 2004.