BILL ANALYSIS

H.B. 4273

By: Oliverson

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that the Texas Supreme Court, in its ruling in the case of Malouf v. the State of Texas, determined that an ambiguity in a statutory provision relating to Medicaid fraud prevention thwarted the state's recovery of $16.5 million in civil penalties for Medicaid fraud. H.B. 4273 seeks to address this ambiguity.

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. 4273 amends the Human Resources Code to establish that, for purposes of health care program fraud prevention, a person commits an unlawful act if the person makes a claim under a health care program and knowingly fails to indicate the type of license held by the licensed health care provider who actually provided the service.

H.B. 4273 applies only to an unlawful act committed on or after the bill's effective date. If before implementing any provision of the bill a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision must request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

EFFECTIVE DATE

September 1, 2025.