LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION

March 8, 2013

TO:	Honorable Jane Nelson, Chair, Senate Committee On Health & Human Services
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	SB746 by Nelson (Relating to unlawful acts against and criminal offenses involving the Medicaid program.), Committee Report 1st House, Substituted

Insufficient data are available on the fiscal effect of investigating, enforcing, and litigating the expanded definition of unlawful acts for an estimate to be provided.

The bill would amend sections of the Human Resources Code that constitute the Texas Medicaid Fraud Prevention Act. The bill would broaden the definition of conspiring to commit Medicaid fraud violations. The bill would increase the amount the court may award a private plaintiff from seven percent to ten percent. The bill would specify the time period of three years for a person to bring a suit alleging retaliation.

Based on analysis from the Health and Human Services Commission (HHSC), implementing the provisions of the bill could increase the workload for the HHSC Office of the Inspector General investigations and enforcement. However, the agency does not have sufficient information necessary to estimate the amount of additional work or the additional damages or penalties that may be assessed and collected as a result.

The Comptroller of Public Accounts indicates the fiscal impact of increasing the fees that the court may award a plaintiff cannot be determined at this point because the court decides the amount of the award.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 529 Health and Human Services Commission

LBB Staff:

UP, CL, MB, ES, VJC