Texas 2009 - 81st Regular

Texas House Bill HB4385 Compare Versions

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1	1	By: Vaught, Kent, Miklos, Zerwas, Truitt, H.B. No. 4385
2	2	et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution and punishment of fraud upon certain
8	8	practitioners; creating an offense and providing criminal
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 32, Penal Code, is amended
12	12	by adding new section 32.53 to read as follows:
13	13	Section 32.53. FRAUD AGAINST PRACTITIONERS. (a) In this
14	14	section, "practitioner" means:
15	15	(1) an individual licensed to practice acupuncture by
16	16	the Texas State Board of Acupuncture Examiners;
17	17	(2) an individual licensed by the Texas Board of
18	18	Nursing as a registered nurse or recognized by that board as an
19	19	advanced practice nurse;
20	20	(3) an individual licensed to practice audiology by
21	21	the State Board of Examiners for Speech-Language Pathology and
22	22	Audiology;
23	23	(4) an individual licensed by the Texas Commission on
24	24	Alcohol and Drug Abuse;
25	25	(5) an individual licensed by the Texas Board of
26	26	Chiropractic Examiners;
27	27	(6) an individual licensed to practice dentistry by
28	28	the State Board of Dental Examiners;
29	29	(7) an individual licensed by the Texas State Board of
30	30	Examiners of Dietitians;
31	31	(8) an individual licensed by the State Committee of
32	32	Examiners in the Fitting and Dispensing of Hearing Instruments;
33	33	(9) an individual licensed by the Texas State Board of
34	34	Social Worker Examiners as a licensed clinical social worker;
35	35	(10) an individual licensed by the Texas State Board
36	36	of Examiners of Professional Counselors;
37	37	(11) an individual licensed by the Texas State Board
38	38	of Examiners of Marriage and Family Therapists;
39	39	(12) an individual licensed as an occupational
40	40	therapist by the Texas Board of Occupational Therapy Examiners;
41	41	(13) an individual licensed to practice optometry by
42	42	the Texas Optometry Board;
43	43	(14) an individual licensed as a physical therapist by
44	44	the Texas Board of Physical Therapy Examiners;
45	45	(15) an individual licensed to practice medicine by
46	46	the Texas Medical Board;
47	47	(16) an individual licensed by the Texas State Board
48	48	of Physician Assistant Examiners;
49	49	(17) an individual licensed to practice podiatry by
50	50	the Texas State Board of Podiatric Medical Examiners;
51	51	(18) an individual licensed as a psychological
52	52	associate by the Texas State Board of Examiners of Psychologists
53	53	who practices solely under the supervision of a licensed
54	54	psychologist;
55	55	(19) an individual licensed as a psychologist by the
56	56	Texas State Board of Examiners of Psychologists;
57	57	(20) an individual licensed to practice
58	58	speech-language pathology by the State Board of Examiners for
59	59	Speech-Language Pathology and Audiology;
60	60	(21) an individual licensed as a surgical assistant by
61	61	the Texas State Board of Medical Examiners; and
62	62	(22) a facility licensed as a hospital.
63	63	(b) A person who is a fiduciary or who is under a contractual
64	64	duty to settle claims for another person commits an offense if, with
65	65	the intent to diminish or deny payment for a service provided by a
66	66	practitioner, the person:
67	67	(1) misrepresents a material fact;
68	68	(2) utilizes methodologies that misstate practitioner
69	69	fees; or
70	70	(3) utilizes a database in the settlement or payment
71	71	for practitioner services the person knew or should have known
72	72	contains inaccuracies.
73	73	(c) When separate claims are settled or paid in violation of
74	74	this section pursuant to one scheme or continuing course of
75	75	conduct, the conduct may be considered as one offense and the value
76	76	of the claims aggregated in determining the classification of the
77	77	offense.
78	78	(d) The attorney general may offer to an attorney
79	79	representing the state in the prosecution of an offense under this
80	80	section the investigative, technical, and litigation assistance of
81	81	the attorney general's office.
82	82	(e) The attorney general may prosecute or assist in the
83	83	prosecution of an offense this section on the request of the
84	84	attorney representing the state.
85	85	(f) The attorney general may institute and conduct an action
86	86	or prosecution in a district court of Travis County or of a county
87	87	in which any part of the offense occurs.
88	88	(g) An offense under this section is:
89	89	(1) a Class C misdemeanor if the charge is less than
90	90	$50;
91	91	(2) a Class B misdemeanor if the charge is $50 or more
92	92	but less than $500;
93	93	(3) a Class A misdemeanor if the charge is $500 or more
94	94	but less than $1,500;
95	95	(4) a state jail felony if the charge is $1,500 or more
96	96	but less than $20,000;
97	97	(5) a felony of the third degree if the charge is
98	98	$20,000 or more but less than $100,000;
99	99	(6) a felony of the second degree if the charge is
100	100	$100,000 or more but less than $200,000; or
101	101	(7) a felony of the first degree if:
102	102	(A) the charge is $200,000 or more; or
103	103	(B) an act committed in connection with the
104	104	commission of the offense places a person at risk of death or
105	105	serious bodily injury.
106	106	SECTION 2. (a) The changes in law made by this Act apply
107	107	only to an offense committed on or after the effective date of this
108	108	Act. An offense committed before the effective date of this Act is
109	109	covered by the law in effect at the time the offense was committed,
110	110	and the former law is continued in effect for that purpose. For
111	111	purposes of this section, an offense was committed before the
112	112	effective date of this Act if any element was committed before that
113	113	date.
114	114	SECTION 3. This Act takes effect September 1, 2009.