The provisions of the bill that are the subject of this analysis are the provisions that would deal with criminal sanctions for fraud or theft involving Medicaid or Medicare benefits.  The bill would amend the Code of Criminal Procedure by providing conditions for evidence in a prosecution for fraud or theft involving a large class of Medicaid or Medicare recipients. The bill would allow attorneys representing the state to prove by either direct or circumstantial evidence that each Medicaid or Medicare recipient did not consent or effectively consent to the transaction.

For this analysis, it is assumed the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies. It is expected that individuals who would be affected by the provisions of the bill are currently being sentenced for other offenses.