BILL ANALYSIS

H.B. 2004

By: Leach

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been noted that certain civil actions relating to Medicaid fraud can be dismissed without the consent of the court and the attorney general once the case is no longer under seal. However, it has been suggested that the state has a significant interest in these actions and should have a say in whether they can be dismissed regardless of whether the state has previously declined to intervene. H.B. 2004 seeks to require the consent of the court and the attorney general for any dismissal of such an action. 

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2004 amends the Human Resources Code to make the requirement for the dismissal of a civil action related to Medicaid fraud brought by a private person to have the consent of the court and the attorney general if the dismissal occurs before the end of a specified period applicable to all dismissals of such an action, regardless of when the dismissal occurs.  

EFFECTIVE DATE

September 1, 2019.