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.