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Amend HB 2942 on third reading as follows:
(1) In the INSPECTOR GENERAL ARTICLE added by Amendment No.
4 by Gattis, strike added Section 422.151(b)(3), Government Code
(page 10, lines 10 through 12 of the amendment), and substitute the
following:
(3) maximizing opportunities for referral of cases to
the appropriate authorities.
(2) In the INSPECTOR GENERAL ARTICLE added by Amendment No.
4 by Gattis, strike added Section 422.153(c)(3), Government Code
(page 11, lines 29 through 30 of the amendment), and substitute the
following:
(3) maximizing opportunities for referral of cases to
the appropriate authorities.
(3) In the INSPECTOR GENERAL ARTICLE added by Amendment No.
4 by Gattis, strike added Section 422.160, Government Code (page
13, line 20 through page 15, line 25 of the amendment), and
substitute the following:
Sec. 422.160. INTERAGENCY COORDINATION. (a) The office may
develop and implement written procedures for coordinating reviews
of suspected fraud, waste, or abuse, as those terms are defined by
state or federal law, or other violations of state or federal law
under programs at an agency for which a deputy inspector general is
appointed or in programs at any agency receiving state or federal
funds that are implemented, administered, or overseen by the
agency.
(b) An exchange of any information under this section
between the office and appropriate authorities does not subject the
exchange of the information or the information to disclosure under
Chapter 552.
(4) In the INSPECTOR GENERAL ARTICLE added by Amendment No.
4 by Gattis, strike added Section 422.209, Government Code (page
19, lines 10 through 31 of the amendment), and substitute the
following:
Sec. 422.209. REFERRAL OF CRIMINAL, CIVIL, AND
ADMINISTRATIVE MATTERS. (a) The inspector general may provide
information and evidence relating to criminal acts to the state
auditor's office and appropriate law enforcement officials.
(b) The inspector general shall refer matters for further
criminal action in the same manner as the state auditor refers
criminal matters under Chapter 321.
(c) The inspector general shall refer matters for further
civil and administrative action in the same manner as the state
auditor refers civil and administrative matters under Chapter 321.
(d) The office may assist appropriate authorities with
their administrative, civil, or criminal investigations if the
assistance is requested by the appropriate authorities.
(e) An appropriate authority that decides not to
investigate or prosecute a complaint alleging criminal conduct
referred to that authority by the inspector general shall notify
the inspector general of that decision.
(5) In the INSPECTOR GENERAL ARTICLE added by Amendment No.
4 by Gattis, strike added Section 422.303(c)(1), Government Code
(page 27, lines 10 through 15 of the amendment), and substitute the
following:
(1) if a provider is suspected of fraud involving
criminal conduct, the office must refer the case under Section
422.209, provided that the criminal referral does not preclude the
office from continuing its investigation of the provider or
preclude the imposition of appropriate administrative or civil
sanctions; or
(6) In the INSPECTOR GENERAL ARTICLE added by Amendment No.
4 by Gattis, strike added Section 422.304, Government Code (page
27, lines 19 through 29 of the amendment), and substitute the
following:
Sec. 422.304. IMMEDIATE REFERRAL OF MEDICAID FRAUD. (a) At
the time the office learns or has reason to suspect that a health or
human services provider's records related to participation in the
state Medicaid program are being withheld, concealed, destroyed,
fabricated, or in any way falsified, the office shall immediately
refer the case as provided in Section 422.209.
(b) A criminal referral under Subsection (a) does not
preclude the office from continuing its investigation of a health
or human services provider or the imposition of appropriate
administrative or civil sanctions.
(7) In the INSPECTOR GENERAL ARTICLE added by Amendment No.
4 by Gattis, strike added Section 422.451(a), Government Code (page
29, lines 23 through 26 of the amendment), and substitute the
following:
(a) The office may request that the appropriate authorities
obtain an injunction to prevent a person from disposing of an asset
identified by the office as potentially subject to recovery by the
office due to the person's fraud, waste, or abuse.