LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 5, 2009 TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1432 by Nichols (Relating to the investigation, prosecution, and punishment of criminal Medicaid fraud and certain other offenses related to Medicaid fraud; providing penalties.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code and the Penal Code relating to the investigation, prosecution, and punishment of criminal Medicaid fraud and certain other offenses related to Medicaid Fraud. The bill would remove exploitation from the conditions related to the offense of injury to a child, elderly person, or disabled person. Exploitation related criminal behavior would be included in the newly created offense of exploitation of a child, elderly person or disabled person. The newly created offense would be punishable as a felony of the third degree. The bill would amend the Penal Code by increasing the punishment to the next highest category for the offense of Medicaid fraud if the actor was a provider or high managerial agent at the time of the offense. The bill would amend the Penal Code by adding the offense of Medicaid Fraud to the definition of an organized crime. For this analysis it is assumed that the number of offenders convicted under the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:539 Aging and Disability Services, Department of, 696 Department of Criminal Justice LBB Staff: JOB, CL, GG
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 5, 2009
TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1432 by Nichols (Relating to the investigation, prosecution, and punishment of criminal Medicaid fraud and certain other offenses related to Medicaid fraud; providing penalties.), As Introduced
TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB1432 by Nichols (Relating to the investigation, prosecution, and punishment of criminal Medicaid fraud and certain other offenses related to Medicaid fraud; providing penalties.), As Introduced
Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
SB1432 by Nichols (Relating to the investigation, prosecution, and punishment of criminal Medicaid fraud and certain other offenses related to Medicaid fraud; providing penalties.), As Introduced
SB1432 by Nichols (Relating to the investigation, prosecution, and punishment of criminal Medicaid fraud and certain other offenses related to Medicaid fraud; providing penalties.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Health and Safety Code and the Penal Code relating to the investigation, prosecution, and punishment of criminal Medicaid fraud and certain other offenses related to Medicaid Fraud. The bill would remove exploitation from the conditions related to the offense of injury to a child, elderly person, or disabled person. Exploitation related criminal behavior would be included in the newly created offense of exploitation of a child, elderly person or disabled person. The newly created offense would be punishable as a felony of the third degree. The bill would amend the Penal Code by increasing the punishment to the next highest category for the offense of Medicaid fraud if the actor was a provider or high managerial agent at the time of the offense. The bill would amend the Penal Code by adding the offense of Medicaid Fraud to the definition of an organized crime. For this analysis it is assumed that the number of offenders convicted under the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 539 Aging and Disability Services, Department of, 696 Department of Criminal Justice
539 Aging and Disability Services, Department of, 696 Department of Criminal Justice
LBB Staff: JOB, CL, GG
JOB, CL, GG