By: Nichols S.B. No. 810
A BILL TO BE ENTITLED
AN ACT
relating 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.