Texas 2013 83rd Regular

Texas House Bill HB1918 Introduced / Bill

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                    By: Creighton H.B. No. 1918


 A BILL TO BE ENTITLED
 AN ACT
 rela
 ting to a defense to prosecution of the offense of Medicaid
 fraud.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 35A.02, Penal Code, is amended by adding
 Subsection (g) to read as follows.
 (g)  It is not a defense to prosecution under this chapter
 that the Medicaid program has received or recouped funds
 representing repayment for the fraudulent act or acts, in whole or
 in part, which are the basis for the criminal charge for which the
 defendant is indicted.
 SECTION 2.  The change in law made by this Act applies 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
 governed by the law in effect on the date 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 of the offense occurred
 before that date.
 SECTION 3.  This Act takes effect September 1, 2013.