HBA-NMO, NLM H.B. 875 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 875
By: Maxey
Public Health
11/1/1999
Enrolled

BACKGROUND AND PURPOSE 

The Office of Investigations and Enforcement (OIE) was created within the
Health and Human Services Commission (commission) by Senate Bill 30 of the
1997 Texas Legislature to investigate recipient and provider Medicaid
fraud.  Recipient fraud occurs when an ineligible individual receives
Medicaid services or other benefits, and provider fraud occurs when a
health care provider submits and is compensated for false Medicaid claims.
Senate Bill 30 also required the commission to use learning or neural
network technology to identify and deter fraud in the state's Medicaid
program.  

H.B. 875 requires the commission to use an automated fraud investigation
tracking system to improve current methods of monitoring Medicaid service
providers and recipients for fraud.  This bill requires each health and
human services agency to participate in the implementation and use of the
automated fraud investigation tracking system.  This bill also provides for
the tracking of fraud and purchasing, the implementation of commercially
available software to monitor recoveries from settled fraud cases, and the
modification and automation of telephone collection processes to increase
collections.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 531, Government Code, by adding
Sections 531.1061 and 531.1062, as follows: 

Sec.  531.1061.  FRAUD INVESTIGATION TRACKING SYSTEM.  (a)  Requires the
Health and Human Services Commission (commission) to use an automated fraud
investigation tracking system through the commission's office of
investigations and enforcement to monitor the progress of an investigation
of suspected fraud, abuse, or insufficient quality of care under the state
Medicaid program. 

(b) Provides that for each case of suspected fraud, abuse, or insufficient
quality of care identified by the learning or neural network technology
required under Section 531.106 (Learning or Neural Network Technology),
Government Code, the automated fraud investigation tracking system must: 

(1) receive electronically transferred records relevant to the identified
case from the learning or neural network technology; 

(2) record the details and monitor the status of an investigation of the
identified case, including maintaining a record of the beginning and
completion dates for each phase of the case investigation; 

(3) generate documents and reports related to the status of the case
investigation; and 
 
(4) generate standard letters to a provider regarding the status or outcome
of an investigation. 

 (c)  Requires the commission to require each health and human services
agency that performs any aspect of the state Medicaid program to
participate in the implementation and use of the automated fraud
investigation tracking system. 

Sec. 531.1062. RECOVERY MONITORING SYSTEM.  (a) Requires the commission to
use an automated  recovery monitoring system to monitor the collections
process for a settled case of fraud, abuse, or insufficient quality of care
under the state Medicaid program. 

(b)  Provides that the recovery monitoring system must monitor the
collection of funds resulting from settled cases, including recording
monetary payments received from a provider who has agreed to a monetary
payment plan and recording deductions taken through the recoupment program
from subsequent Medicaid claims filed by the provider. Provides that the
recovery monitoring system must provide immediate notice of a provider who
has agreed to a monetary payment or to deductions through the recoupment
program from subsequent Medicaid claims who fails to comply with the
settlement agreement, including providing notice of a provider who does not
make a scheduled payment or who pays less than the scheduled amount. 

SECTION 2.  Amends Section 22.0252, Human Resources Code, by adding
Subsections (c) and (d), as follows: 

(c)  Requires the Texas Department of Human Services (department) to ensure
that the telephone collection program attempts to collect reimbursement for
all identified delinquent payments of 15 days or more from the initial date
the delinquency notice was sent. 

(d)  Requires the use of an automated collections system for the monitoring
of results of the telephone collection program.  Provides that the system
must: 

(1) accept data from the accounts receivable tracking system used by the
department; 

(2) automate recording tasks performed by a collector, including providing
access to department records regarding the recipient and recording notes
and actions resulting from a call placed to the recipient; 

(3) automatically generate a letter to a recipient following a telephone
contact that confirms the action  to be taken regarding the delinquency; 

(4)  monitor the receipt of scheduled payments from a recipient for
repayment of a delinquency; and  

(5) generate reports regarding the effectiveness of individual collectors
and of the telephone collection program. 

SECTION 3. Requires the commission, not later than January 1, 2000, to
implement the automated fraud investigation tracking system required by
Section 531.1061, Government Code, as added by this Act, and to award the
contract for the purchase and installation of commercially available
accounting software, and begin using the software to implement the recovery
monitoring system required by Section 531.1062, Government Code, as added
by this Act. 

SECTION 4.  Requires the department, not later than August 1, 2000 to
implement the automated collections system required by Section 22.0252,
Human Resources Code, as amended by this Act. 

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.