Texas House Bill HB2905

Texas 2009 - 81st Regular

Caption

Relating to the office of inspector general for the Health and Human Services Commission.

Impact

If enacted, HB2905 would significantly enhance the state's ability to detect and respond to fraudulent activities within health and human service programs, particularly Medicaid. The bill gives the Office of Inspector General the power to impose holds on payments to service providers suspected of fraud and to conduct audits and reviews of services provided. In addition, the legislation delineates the coordination of efforts with the Texas Attorney General to improve the investigation of fraud cases, allowing for a more streamlined process in prosecuting offenders.

Summary

House Bill 2905 seeks to establish an Office of Inspector General within the Health and Human Services Commission of Texas, tasked with investigating and preventing fraud, waste, and abuse in the delivery of health and human services. This office will have the responsibility of enforcing compliance with state law and ensuring that public resources are used efficiently. The bill outlines the structure of the office, stipulating that it must operate independently from the commission, although it will receive administrative support. The inspector general will be appointed by the governor and will have the authority to enforce state laws as they relate to health services programs.

Contention

However, the introduction of this bill has raised concerns among some stakeholders regarding the potential for overreach and the implications for service providers. Stakeholders worry that the stringent rules and the ability to withhold payments could adversely affect providers, particularly smaller ones, which might struggle with the financial strain caused by delayed payments. Additionally, there are questions about the adequacy of due process protections for providers facing investigations by the inspector general. Advocates for providers are likely to push for amendments to safeguard against unintended consequences that could arise from these new enforcement powers.