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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration, authority, and duties of the Health |
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and Human Services Commission's office of inspector general. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 544.0106, Government Code, as effective |
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April 1, 2025, is amended to read as follows: |
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Sec. 544.0106. PROCUREMENT OF CONTRACT FOR REVIEW OF |
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INVESTIGATIVE FINDINGS BY QUALIFIED EXPERT. Notwithstanding any |
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other law, Subtitle D, Title 10, does not apply to the commission's |
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procuring of a contract for the services of a qualified expert to |
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review investigative findings under Section 544.0104 or 544.0105 to |
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the same extent that subtitle does not apply to the obtaining of an |
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expert witness under Section 2151.005. [(a) If the commission does |
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not receive any responsive bids under Chapter 2155 on a competitive |
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solicitation for the services of a qualified expert to review |
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investigative findings under Section 544.0104 or 544.0105 and the |
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number of contracts to be awarded under this subsection is not |
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otherwise limited, the commission may negotiate with and award a |
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contract for the services to a qualified expert on the basis of: |
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[(1) the contractor's agreement to a set fee, either as |
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a range or lump-sum amount; and |
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[(2) the contractor's affirmation and the office of |
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inspector general's verification that the contractor possesses the |
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necessary occupational licenses and experience. |
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[(b) Notwithstanding Sections 2155.083 and 2261.051, a |
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contract awarded under Subsection (a) is not subject to competitive |
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advertising and proposal evaluation requirements.] |
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SECTION 2. Subchapter C, Chapter 544, Government Code, as |
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effective April 1, 2025, is amended by adding Section 544.0115 to |
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read as follows: |
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Sec. 544.0115. PERMITTED DISCLOSURE OF CERTAIN |
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INFORMATION. For purposes of performing the duties of the office of |
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inspector general under this subchapter, the office may disclose |
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information obtained in the course of conducting the office's |
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administrative oversight activities to: |
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(1) a federal, state, or local governmental entity, |
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including: |
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(A) a federal agency or an agency of this state or |
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another state; |
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(B) the criminal, civil, or administrative |
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department, division, bureau, or other entity with enforcement or |
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prosecutorial authority of: |
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(i) this state; |
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(ii) the United States; |
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(iii) another state; or |
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(iv) a local governmental entity of this |
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state or another state; and |
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(C) a political subdivision of this state; or |
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(2) a person authorized by the office to receive the |
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information. |
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SECTION 3. Section 544.0153(b), Government Code, as |
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effective April 1, 2025, is amended to read as follows: |
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(b) Except as required by federal law, to [To] determine a |
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health care professional's eligibility to participate as a Medicaid |
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provider, the office of inspector general may not conduct a |
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fingerprint-based criminal history record information check of a |
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health care professional who the office has confirmed under |
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Subsection (a) is licensed and in good standing. This subsection |
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does not prohibit the office from conducting a criminal history |
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record information check of a provider that is required or |
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appropriate for other reasons, including for conducting an |
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investigation of fraud, waste, or abuse. |
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SECTION 4. Section 544.0202(b), Government Code, as |
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effective April 1, 2025, is amended to read as follows: |
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(b) The commission shall: |
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(1) aggressively publicize successful fraud |
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prosecutions and fraud-prevention programs through all available |
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means, including the use of statewide press releases; and |
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(2) ensure that the commission or a health and human |
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services agency maintains and promotes an appropriate |
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communications system [a toll-free telephone hotline] for |
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reporting suspected fraud in programs the commission or a health |
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and human services agency administers. |
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SECTION 5. The following provisions of the Government Code |
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are repealed: |
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(1) Section 544.0201; and |
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(2) Section 544.0252(a). |
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SECTION 6. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 7. This Act takes effect September 1, 2025. |