Amend CSSB 1188 (house committee printing) by adding the
following appropriately numbered SECTION and renumbering
subsequent SECTIONS accordingly:
SECTION __. FRAUD AND ABUSE INVESTIGATIONS. Section
531.1021, Government Code, is amended by amending Subsection (g)
and adding Subsections (h) and (i) to read as follows:
(g) Except as provided by Subsection (h), all [All]
information and materials subpoenaed or compiled by the office in
connection with an open fraud and abuse investigation are
confidential and not subject to disclosure under Chapter 552, and
not subject to disclosure, discovery, subpoena, or other means of
legal compulsion for their release to anyone other than the office
or its employees or agents involved in the investigation conducted
by the office, except that this information may be disclosed to the
office of the attorney general and other law enforcement agencies.
(h) This section may not be interpreted to prohibit the
disclosure of information contained in a closed fraud and abuse
investigative case file or information contained in a fraud and
abuse investigative case file relating to a case that has been
resolved by settlement, unless disclosure is otherwise prohibited
by law.
(i) For purposes of this section, a fraud and abuse
investigation is any formal inquiry of the office of inspector
general that:
(1) is based upon a suspicion of fraud, as defined by
Section 531.1011, in the provision of health and human services; or
(2) supports a claim by the state or a health and human
services agency of fraud in the provision of health and human
services.