BILL ANALYSIS

Senate Research Center	S.B. 1811
85R10490 LED-D	By: Taylor, Van
	Health & Human Services
	4/24/2017
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The Office of Inspector General located within Health and Human Services Commission (HHSC OIG), has authority to commission five peace officers to investigate fraud, waste, and abuse in the Medicaid program. These officers aid in the recovery of state and federal funds, and assist in prosecuting offenders. Interested parties note that allowing these peace officers to investigate fraud, waste, and abuse in the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF) program, and the supplemental nutrition program for Women, Infants, and Children (WIC) would lead to similar results.

S.B. 1811 allows peace officers commissioned by HHSC OIG to investigate fraud, waste, and abuse in Medicaid to also investigate fraud, waste, and abuse in the SNAP, TANF, and WIC programs.

S.B. 1811 removes the expanded investigatory jurisdiction for the five Medicaid-dedicated peace officers and authorizes the HHSC OIG to commission other officers to investigate fraud, waste, and abuse in SNAP and TANF. S.B. 1811 allows the HHSC OIG greater flexibility in allowing all of their commissioned peace officers, including those authorized to investigate state hospitals and state supported living centers, to investigate fraud waste and abuse in these programs. S.B. 1811 does not include the Women, Infants, and Children program, limiting the investigatory authority to SNAP and TANF.

As proposed, S.B. 1811 amends current law relating to the investigation of fraud, waste, and abuse in certain public benefits programs by the office of inspector general for the Health and Human Services Commission.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 531.1022(a), Government Code, as follows:

(a) Requires the Health and Human Services Commission's (HHSC) office of inspector general (HHSC OIG) to employ and commission not more than five peace officers at any given time for the purpose of assisting HHSC OIG in carrying out its duties relating to the investigation of fraud, waste, and abuse in the financial assistance program under Chapter 31 (Financial Assistance and Service Programs), Human Resources Code, the supplemental nutrition assistance program under Chapter 33 (Nutritional Assistance Programs), Human Resources Code, and the federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786.

SECTION 2. Requires a state agency, if necessary for implementation of a provision of this Act, to request a waiver or authorization from a federal agency, and authorizes delay of implementation until such a waiver or authorization is granted.

SECTION 3. Effective date: upon passage or September 1, 2017.