By: Vaught H.B. No. 4385
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of fraud upon certain
practitioners; creating an offense and providing criminal
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended
by adding new section 32.53 to read as follows:
Section 32.53. FRAUD AGAINST PRACTITIONERS. (a) In this
section, "practitioner" means:
(1) an individual licensed to practice acupuncture by
the Texas State Board of Acupuncture Examiners;
(2) an individual licensed by the Texas Board of
Nursing as a registered nurse or recognized by that board as an
advanced practice nurse;
(3) an individual licensed to practice audiology by
the State Board of Examiners for Speech-Language Pathology and
Audiology;
(4) an individual licensed by the Texas Commission on
Alcohol and Drug Abuse;
(5) an individual licensed by the Texas Board of
Chiropractic Examiners;
(6) an individual licensed to practice dentistry by
the State Board of Dental Examiners;
(7) an individual licensed by the Texas State Board of
Examiners of Dietitians;
(8) an individual licensed by the State Committee of
Examiners in the Fitting and Dispensing of Hearing Instruments;
(9) an individual licensed by the Texas State Board of
Social Worker Examiners as a licensed clinical social worker;
(10) an individual licensed by the Texas State Board
of Examiners of Professional Counselors;
(11) an individual licensed by the Texas State Board
of Examiners of Marriage and Family Therapists;
(12) an individual licensed as an occupational
therapist by the Texas Board of Occupational Therapy Examiners;
(13) an individual licensed to practice optometry by
the Texas Optometry Board;
(14) an individual licensed as a physical therapist by
the Texas Board of Physical Therapy Examiners;
(15) an individual licensed to practice medicine by
the Texas Medical Board;
(16) an individual licensed by the Texas State Board
of Physician Assistant Examiners;
(17) an individual licensed to practice podiatry by
the Texas State Board of Podiatric Medical Examiners;
(18) an individual licensed as a psychological
associate by the Texas State Board of Examiners of Psychologists
who practices solely under the supervision of a licensed
psychologist;
(19) an individual licensed as a psychologist by the
Texas State Board of Examiners of Psychologists;
(20) an individual licensed to practice
speech-language pathology by the State Board of Examiners for
Speech-Language Pathology and Audiology;
(21) an individual licensed as a surgical assistant by
the Texas State Board of Medical Examiners; and
(22) a facility licensed as a hospital.
(b) A person who is a fiduciary or who is under a contractual
duty to settle claims for another person commits an offense if, with
the intent to diminish or deny payment for a service provided by a
practitioner, the person:
(1) misrepresents a material fact;
(2) utilizes methodologies that misstate practitioner
fees; or
(3) utilizes a database in the settlement or payment
for practitioner services the person knew or should have known
contains inaccuracies.
(c) When separate claims are settled or paid in violation of
this section pursuant to one scheme or continuing course of
conduct, the conduct may be considered as one offense and the value
of the claims aggregated in determining the classification of the
offense.
(d) The attorney general may offer to an attorney
representing the state in the prosecution of an offense under this
section the investigative, technical, and litigation assistance of
the attorney general's office.
(e) The attorney general may prosecute or assist in the
prosecution of an offense this section on the request of the
attorney representing the state.
(f) The attorney general may institute and conduct an action
or prosecution in a district court of Travis County or of a county
in which any part of the offense occurs.
(g) An offense under this section is:
(1) a Class C misdemeanor if the charge is less than
$50;
(2) a Class B misdemeanor if the charge is $50 or more
but less than $500;
(3) a Class A misdemeanor if the charge is $500 or more
but less than $1,500;
(4) a state jail felony if the charge is $1,500 or more
but less than $20,000;
(5) a felony of the third degree if the charge is
$20,000 or more but less than $100,000;
(6) a felony of the second degree if the charge is
$100,000 or more but less than $200,000; or
(7) a felony of the first degree if:
(A) the charge is $200,000 or more; or
(B) an act committed in connection with the
commission of the offense places a person at risk of death or
serious bodily injury.
SECTION 2. (a) The changes in law made by this Act apply
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
covered by the law in effect at the time the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element was committed before that
date.
SECTION 3. This Act takes effect September 1, 2009.