PDH S.B. 11 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 11
By: Zaffirini
Public Health
3-25-1999
Engrossed



BACKGROUND AND PURPOSE 

Current law provides that a person commits a violation if the person
presents to the Department of Human Services (DHS) a Medicaid claim the
person knows to be false.  S.B. 11 provides that a person commits a
violation if the person presents to DHS a Medicaid claim the person should
know, in addition to knows, to be false.  This bill also provides that a
person "should know" or "should have known" information to be false if the
person acts in deliberate ignorance or reckless disregard of the truth or
falsity of the information, and proof of the person's specific intent to
defraud is not required.  

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 Section 32.039(a), Human Resources Code, by adding
Subdivision (4), as follows: 

(4) Provides that a person "should know" or "should have known" information
to be false if the person acts in deliberate ignorance or reckless
disregard of the truth or falsity of the information, and proof of the
person's specific intent to defraud is not required. 

SECTION 2.  Amends Subsections (b) and (d), Section 32.039, Human Resources
Code, to provide that a person commits a violation if the person presents
of causes to be presented to the Department of Human Services a claim that
contains a statement or representation the person should know, in addition
to knows, to be false.  Makes conforming changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.