Texas 2019 - 86th Regular

Texas House Bill HB2894 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2894
	1	+	By: Collier (Senate Sponsor - Buckingham) H.B. No. 2894
	2	+	(In the Senate - Received from the House May 9, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on Criminal
	4	+	Justice; May 15, 2019, reported favorably by the following vote:
	5	+	Yeas 5, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the prosecution of health care fraud; creating a
6	12		criminal offense.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Article 12.01, Code of Criminal Procedure, is
9	15		amended to read as follows:
10	16		Art. 12.01. FELONIES. Except as provided in Article 12.03,
11	17		felony indictments may be presented within these limits, and not
12	18		afterward:
13	19		(1) no limitation:
14	20		(A) murder and manslaughter;
15	21		(B) sexual assault under Section 22.011(a)(2),
16	22		Penal Code, or aggravated sexual assault under Section
17	23		22.021(a)(1)(B), Penal Code;
18	24		(C) sexual assault, if:
19	25		(i) during the investigation of the offense
20	26		biological matter is collected and subjected to forensic DNA
21	27		testing and the testing results show that the matter does not match
22	28		the victim or any other person whose identity is readily
23	29		ascertained; or
24	30		(ii) probable cause exists to believe that
25	31		the defendant has committed the same or a similar sexual offense
26	32		against five or more victims;
27	33		(D) continuous sexual abuse of young child or
28	34		children under Section 21.02, Penal Code;
29	35		(E) indecency with a child under Section 21.11,
30	36		Penal Code;
31	37		(F) an offense involving leaving the scene of an
32	38		accident under Section 550.021, Transportation Code, if the
33	39		accident resulted in the death of a person;
34	40		(G) trafficking of persons under Section
35	41		20A.02(a)(7) or (8), Penal Code;
36	42		(H) continuous trafficking of persons under
37	43		Section 20A.03, Penal Code; or
38	44		(I) compelling prostitution under Section
39	45		43.05(a)(2), Penal Code;
40	46		(2) ten years from the date of the commission of the
41	47		offense:
42	48		(A) theft of any estate, real, personal or mixed,
43	49		by an executor, administrator, guardian or trustee, with intent to
44	50		defraud any creditor, heir, legatee, ward, distributee,
45	51		beneficiary or settlor of a trust interested in such estate;
46	52		(B) theft by a public servant of government
47	53		property over which the public servant [he] exercises control in
48	54		the public servant's [his] official capacity;
49	55		(C) forgery or the uttering, using or passing of
50	56		forged instruments;
51	57		(D) injury to an elderly or disabled individual
52	58		punishable as a felony of the first degree under Section 22.04,
53	59		Penal Code;
54	60		(E) sexual assault, except as provided by
55	61		Subdivision (1);
56	62		(F) arson;
57	63		(G) trafficking of persons under Section
58	64		20A.02(a)(1), (2), (3), or (4), Penal Code; or
59	65		(H) compelling prostitution under Section
60	66		43.05(a)(1), Penal Code;
61	67		(3) seven years from the date of the commission of the
62	68		offense:
63	69		(A) misapplication of fiduciary property or
64	70		property of a financial institution;
65	71		(B) securing execution of document by deception;
66	72		(C) a felony violation under Chapter 162, Tax
67	73		Code;
68	74		(D) false statement to obtain property or credit
69	75		under Section 32.32, Penal Code;
70	76		(E) money laundering;
71	77		(F) credit card or debit card abuse under Section
72	78		32.31, Penal Code;
73	79		(G) fraudulent use or possession of identifying
74	80		information under Section 32.51, Penal Code;
75	81		(H) exploitation of a child, elderly individual,
76	82		or disabled individual under Section 32.53, Penal Code;
77	83		(I) health care [Medicaid] fraud under Section
78	84		35A.02, Penal Code; or
79	85		(J) bigamy under Section 25.01, Penal Code,
80	86		except as provided by Subdivision (6);
81	87		(4) five years from the date of the commission of the
82	88		offense:
83	89		(A) theft or robbery;
84	90		(B) except as provided by Subdivision (5),
85	91		kidnapping or burglary;
86	92		(C) injury to an elderly or disabled individual
87	93		that is not punishable as a felony of the first degree under Section
88	94		22.04, Penal Code;
89	95		(D) abandoning or endangering a child; or
90	96		(E) insurance fraud;
91	97		(5) if the investigation of the offense shows that the
92	98		victim is younger than 17 years of age at the time the offense is
93	99		committed, 20 years from the 18th birthday of the victim of one of
94	100		the following offenses:
95	101		(A) sexual performance by a child under Section
96	102		43.25, Penal Code;
97	103		(B) aggravated kidnapping under Section
98	104		20.04(a)(4), Penal Code, if the defendant committed the offense
99	105		with the intent to violate or abuse the victim sexually; or
100	106		(C) burglary under Section 30.02, Penal Code, if
101	107		the offense is punishable under Subsection (d) of that section and
102	108		the defendant committed the offense with the intent to commit an
103	109		offense described by Subdivision (1)(B) or (D) of this article or
104	110		Paragraph (B) of this subdivision;
105	111		(6) ten years from the 18th birthday of the victim of
106	112		the offense:
107	113		(A) trafficking of persons under Section
108	114		20A.02(a)(5) or (6), Penal Code;
109	115		(B) injury to a child under Section 22.04, Penal
110	116		Code; or
111	117		(C) bigamy under Section 25.01, Penal Code, if
112	118		the investigation of the offense shows that the person, other than
113	119		the legal spouse of the defendant, whom the defendant marries or
114	120		purports to marry or with whom the defendant lives under the
115	121		appearance of being married is younger than 18 years of age at the
116	122		time the offense is committed; or
117	123		(7) three years from the date of the commission of the
118	124		offense: all other felonies.
119	125		SECTION 2. Section 3(a)(3), Article 37.07, Code of Criminal
120	126		Procedure, is amended to read as follows:
121	127		(3) Regardless of the plea and whether the punishment
122	128		is assessed by the judge or the jury, during the punishment phase of
123	129		the trial of an offense under Section 35A.02, Penal Code, subject to
124	130		the applicable rules of evidence, the state and the defendant may
125	131		offer evidence not offered during the guilt or innocence phase of
126	132		the trial concerning the total pecuniary loss to the affected
127	133		health care [Medicaid] program caused by the defendant's conduct
128	134		or, if applicable, the scheme or continuing course of conduct of
129	135		which the defendant's conduct is part. Evidence may be offered in
130	136		summary form [Subject to the applicable rules of evidence, an
131	137		employee of the Health and Human Services Commission's office of
132	138		inspector general or the office of attorney general's Medicaid
133	139		fraud control unit may testify] concerning the total pecuniary loss
134	140		to the affected health care [Medicaid] program. Testimony
135	141		regarding the total pecuniary loss to the affected health care
136	142		program [An employee who testifies under this subdivision] is
137	143		subject to cross-examination. Evidence offered under this
138	144		subdivision may be considered by the judge or jury in ordering or
139	145		recommending the amount of any restitution to be made to the
140	146		affected health care [Medicaid] program or the appropriate
141	147		punishment for the defendant.
142	148		SECTION 3. Article 59.01(2), Code of Criminal Procedure, is
143	149		amended to read as follows:
144	150		(2) "Contraband" means property of any nature,
145	151		including real, personal, tangible, or intangible, that is:
146	152		(A) used in the commission of:
147	153		(i) any first or second degree felony under
148	154		the Penal Code;
149	155		(ii) any felony under Section 15.031(b),
150	156		20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
151	157		33A, or 35, Penal Code;
152	158		(iii) any felony under The Securities Act
153	159		(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
154	160		(iv) any offense under Chapter 49, Penal
155	161		Code, that is punishable as a felony of the third degree or state
156	162		jail felony, if the defendant has been previously convicted three
157	163		times of an offense under that chapter;
158	164		(B) used or intended to be used in the commission
159	165		of:
160	166		(i) any felony under Chapter 481, Health
161	167		and Safety Code (Texas Controlled Substances Act);
162	168		(ii) any felony under Chapter 483, Health
163	169		and Safety Code;
164	170		(iii) a felony under Chapter 151, Finance
165	171		Code;
166	172		(iv) any felony under Chapter 34, Penal
167	173		Code;
168	174		(v) a Class A misdemeanor under Subchapter
169	175		B, Chapter 365, Health and Safety Code, if the defendant has been
170	176		previously convicted twice of an offense under that subchapter;
171	177		(vi) any felony under Chapter 32, Human
172	178		Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
173	179		involves a health care [the state Medicaid] program, as defined by
174	180		Section 35A.01, Penal Code;
175	181		(vii) a Class B misdemeanor under Chapter
176	182		522, Business & Commerce Code;
177	183		(viii) a Class A misdemeanor under Section
178	184		306.051, Business & Commerce Code;
179	185		(ix) any offense under Section 42.10, Penal
180	186		Code;
181	187		(x) any offense under Section 46.06(a)(1)
182	188		or 46.14, Penal Code;
183	189		(xi) any offense under Chapter 71, Penal
184	190		Code;
185	191		(xii) any offense under Section 20.05 or
186	192		20.06, Penal Code; or
187	193		(xiii) an offense under Section 326.002,
188	194		Business & Commerce Code;
189	195		(C) the proceeds gained from the commission of a
190	196		felony listed in Paragraph (A) or (B) of this subdivision, a
191	197		misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
192	198		this subdivision, or a crime of violence;
193	199		(D) acquired with proceeds gained from the
194	200		commission of a felony listed in Paragraph (A) or (B) of this
195	201		subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
196	202		or (xi) of this subdivision, or a crime of violence;
197	203		(E) used to facilitate or intended to be used to
198	204		facilitate the commission of a felony under Section 15.031 or
199	205		43.25, Penal Code; or
200	206		(F) used to facilitate or intended to be used to
201	207		facilitate the commission of a felony under Section 20A.02 or
202	208		Chapter 43, Penal Code.
203	209		SECTION 4. Article 59.06(p), Code of Criminal Procedure, is
204	210		amended to read as follows:
205	211		(p) Notwithstanding Subsection (a), and to the extent
206	212		necessary to protect the state's [commission's] ability to recover
207	213		amounts wrongfully obtained by the owner of the property and
208	214		associated damages and penalties to which the affected health care
209	215		program [commission] may otherwise be entitled by law, the attorney
210	216		representing the state shall transfer to the governmental entity
211	217		administering the affected health care program [Health and Human
212	218		Services Commission] all forfeited property defined as contraband
213	219		under Article 59.01(2)(B)(vi). If the forfeited property consists
214	220		of property other than money or negotiable instruments, the
215	221		attorney representing the state may, with the consent of the
216	222		governmental entity administering the affected health care program
217	223		[if approved by the commission], sell the property and deliver to
218	224		the governmental entity administering the affected health care
219	225		program [commission] the proceeds from the sale, minus costs
220	226		attributable to the sale. The sale must be conducted in a manner
221	227		that is reasonably expected to result in receiving the fair market
222	228		value for the property.
223	229		SECTION 5. Section 250.006(a), Health and Safety Code, is
224	230		amended to read as follows:
225	231		(a) A person for whom the facility or the individual
226	232		employer is entitled to obtain criminal history record information
227	233		may not be employed in a facility or by an individual employer if
228	234		the person has been convicted of an offense listed in this
229	235		subsection:
230	236		(1) an offense under Chapter 19, Penal Code (criminal
231	237		homicide);
232	238		(2) an offense under Chapter 20, Penal Code
233	239		(kidnapping, unlawful restraint, and smuggling of persons);
234	240		(3) an offense under Section 21.02, Penal Code
235	241		(continuous sexual abuse of young child or children), or Section
236	242		21.11, Penal Code (indecency with a child);
237	243		(4) an offense under Section 22.011, Penal Code
238	244		(sexual assault);
239	245		(5) an offense under Section 22.02, Penal Code
240	246		(aggravated assault);
241	247		(6) an offense under Section 22.04, Penal Code (injury
242	248		to a child, elderly individual, or disabled individual);
243	249		(7) an offense under Section 22.041, Penal Code
244	250		(abandoning or endangering child);
245	251		(8) an offense under Section 22.08, Penal Code (aiding
246	252		suicide);
247	253		(9) an offense under Section 25.031, Penal Code
248	254		(agreement to abduct from custody);
249	255		(10) an offense under Section 25.08, Penal Code (sale
250	256		or purchase of child);
251	257		(11) an offense under Section 28.02, Penal Code
252	258		(arson);
253	259		(12) an offense under Section 29.02, Penal Code
254	260		(robbery);
255	261		(13) an offense under Section 29.03, Penal Code
256	262		(aggravated robbery);
257	263		(14) an offense under Section 21.08, Penal Code
258	264		(indecent exposure);
259	265		(15) an offense under Section 21.12, Penal Code
260	266		(improper relationship between educator and student);
261	267		(16) an offense under Section 21.15, Penal Code
262	268		(invasive [(improper photography or] visual recording);
263	269		(17) an offense under Section 22.05, Penal Code
264	270		(deadly conduct);
265	271		(18) an offense under Section 22.021, Penal Code
266	272		(aggravated sexual assault);
267	273		(19) an offense under Section 22.07, Penal Code
268	274		(terroristic threat);
269	275		(20) an offense under Section 32.53, Penal Code
270	276		(exploitation of child, elderly individual, or disabled
271	277		individual);
272	278		(21) an offense under Section 33.021, Penal Code
273	279		(online solicitation of a minor);
274	280		(22) an offense under Section 34.02, Penal Code (money
275	281		laundering);
276	282		(23) an offense under Section 35A.02, Penal Code
277	283		(health care [Medicaid] fraud);
278	284		(24) an offense under Section 36.06, Penal Code
279	285		(obstruction or retaliation);
280	286		(25) an offense under Section 42.09, Penal Code
281	287		(cruelty to livestock animals), or under Section 42.092, Penal Code
282	288		(cruelty to nonlivestock animals); or
283	289		(26) a conviction under the laws of another state,
284	290		federal law, or the Uniform Code of Military Justice for an offense
285	291		containing elements that are substantially similar to the elements
286	292		of an offense listed by this subsection.
287	293		SECTION 6. Chapter 35A, Penal Code, is amended to read as
288	294		follows:
289	295		CHAPTER 35A. HEALTH CARE [MEDICAID] FRAUD
290	296		Sec. 35A.01. DEFINITIONS. In this chapter:
291	297		(1) "Claim" means a written or electronically
292	298		submitted request or demand that:
293	299		(A) is submitted by a provider or the provider's
294	300		agent and identifies a service or product provided or purported to
295	301		have been provided to a health care recipient as reimbursable under
296	302		a health care program, without regard to whether the money that is
297	303		requested or demanded is paid; or
298	304		(B) states the income earned or expense incurred
299	305		by a provider in providing a service or product and is used to
300	306		determine a rate of payment under a health care program [has the
301	307		meaning assigned by Section 36.001, Human Resources Code].
302	308		(2) "Fiscal agent" means:
303	309		(A) a person who, through a contractual
304	310		relationship with a state agency or the federal government,
305	311		receives, processes, and pays a claim under a health care program;
306	312		or
307	313		(B) the designated agent of a person described by
308	314		Paragraph (A) [has the meaning assigned by Section 36.001, Human
309	315		Resources Code].
310	316		(3) "Health care practitioner" means a dentist,
311	317		podiatrist, psychologist, physical therapist, chiropractor,
312	318		registered nurse, or other provider licensed to provide health care
313	319		services in this state [has the meaning assigned by Section 36.001,
314	320		Human Resources Code].
315	321		(4) "Health care program" means a program funded by
316	322		this state, the federal government, or both and designed to provide
317	323		health care services to health care recipients, including a program
318	324		that is administered in whole or in part through a managed care
319	325		delivery model.
320	326		(5) "Health care recipient" means an individual to
321	327		whom a service or product is provided or purported to have been
322	328		provided and with respect to whom a person claims or receives a
323	329		payment for that service or product from a health care program or
324	330		fiscal agent, without regard to whether the individual was eligible
325	331		for benefits under the health care program.
326	332		(6) "Managed care organization" means a person who is
327	333		authorized or otherwise permitted by law to arrange for or provide a
328	334		managed care plan [has the meaning assigned by Section 36.001,
329	335		Human Resources Code].
330	336		[(5) "Medicaid program" has the meaning assigned by
331	337		Section 36.001, Human Resources Code.
332	338		[(6) "Medicaid recipient" has the meaning assigned by
333	339		Section 36.001, Human Resources Code.]
334	340		(7) "Physician" means a physician licensed to practice
335	341		medicine in this state [has the meaning assigned by Section 36.001,
336	342		Human Resources Code].
337	343		(8) "Provider" means a person who participates in or
338	344		has applied to participate in a health care program as a supplier of
339	345		a service or product and includes:
340	346		(A) a management company that manages, operates,
341	347		or controls another provider;
342	348		(B) a person, including a medical vendor, who
343	349		provides a service or product to another provider or the other
344	350		provider's agent;
345	351		(C) an employee of the person who participates in
346	352		or has applied to participate in the program;
347	353		(D) a managed care organization; and
348	354		(E) a manufacturer or distributor of a product
349	355		for which a health care program provides reimbursement [has the
350	356		meaning assigned by Section 36.001, Human Resources Code].
351	357		(9) "Service" includes care or treatment of a health
352	358		care recipient [has the meaning assigned by Section 36.001, Human
353	359		Resources Code].
354	360		(10) "High managerial agent" means a director,
355	361		officer, or employee who is authorized to act on behalf of a
356	362		provider and has duties of such responsibility that the conduct of
357	363		the director, officer, or employee reasonably may be assumed to
358	364		represent the policy or intent of the provider.
359	365		Sec. 35A.02. HEALTH CARE [MEDICAID] FRAUD. (a) A person
360	366		commits an offense if the person:
361	367		(1) knowingly makes or causes to be made a false
362	368		statement or misrepresentation of a material fact to permit a
363	369		person to receive a benefit or payment under a health care [the
364	370		Medicaid] program that is not authorized or that is greater than the
365	371		benefit or payment that is authorized;
366	372		(2) knowingly conceals or fails to disclose
367	373		information that permits a person to receive a benefit or payment
368	374		under a health care [the Medicaid] program that is not authorized or
369	375		that is greater than the benefit or payment that is authorized;
370	376		(3) knowingly applies for and receives a benefit or
371	377		payment on behalf of another person under a health care [the
372	378		Medicaid] program and converts any part of the benefit or payment to
373	379		a use other than for the benefit of the person on whose behalf it was
374	380		received;
375	381		(4) knowingly makes, causes to be made, induces, or
376	382		seeks to induce the making of a false statement or
377	383		misrepresentation of material fact concerning:
378	384		(A) the conditions or operation of a facility in
379	385		order that the facility may qualify for certification or
380	386		recertification under a health care program [required by the
381	387		Medicaid program, including certification or recertification as:
382	388		[(i) a hospital;
383	389		[(ii) a nursing facility or skilled nursing
384	390		facility;
385	391		[(iii) a hospice;
386	392		[(iv) an intermediate care facility for the
387	393		mentally retarded;
388	394		[(v) an assisted living facility; or
389	395		[(vi) a home health agency]; or
390	396		(B) information required to be provided by a
391	397		federal or state law, rule, regulation, or provider agreement
392	398		pertaining to a health care [the Medicaid] program;
393	399		(5) except as authorized under a health care [the
394	400		Medicaid] program, knowingly pays, charges, solicits, accepts, or
395	401		receives, in addition to an amount paid under the health care
396	402		[Medicaid] program, a gift, money, [a] donation, or other
397	403		consideration as a condition to the provision of a service or
398	404		product or the continued provision of a service or product if the
399	405		cost of the service or product is paid for, in whole or in part,
400	406		under a health care [the Medicaid] program;
401	407		(6) knowingly presents or causes to be presented a
402	408		claim for payment under a health care [the Medicaid] program for a
403	409		product provided or a service rendered by a person who:
404	410		(A) is not licensed to provide the product or
405	411		render the service, if a license is required; or
406	412		(B) is not licensed in the manner claimed;
407	413		(7) knowingly makes or causes to be made a claim under
408	414		a health care [the Medicaid] program for:
409	415		(A) a service or product that has not been
410	416		approved or acquiesced in by a treating physician or health care
411	417		practitioner;
412	418		(B) a service or product that is substantially
413	419		inadequate or inappropriate when compared to generally recognized
414	420		standards within the particular discipline or within the health
415	421		care industry; or
416	422		(C) a product that has been adulterated, debased,
417	423		mislabeled, or that is otherwise inappropriate;
418	424		(8) makes a claim under a health care [the Medicaid]
419	425		program and knowingly fails to indicate the type of license and the
420	426		identification number of the licensed health care practitioner
421	427		[provider] who actually provided the service;
422	428		(9) knowingly enters into an agreement, combination,
423	429		or conspiracy to defraud the state or federal government by
424	430		obtaining or aiding another person in obtaining an unauthorized
425	431		payment or benefit from a health care [the Medicaid] program or [a]
426	432		fiscal agent;
427	433		(10) is a managed care organization that contracts
428	434		with the Health and Human Services Commission, another [or other]
429	435		state agency, or the federal government to provide or arrange to
430	436		provide health care benefits or services to individuals eligible
431	437		under a health care [the Medicaid] program and knowingly:
432	438		(A) fails to provide to an individual a health
433	439		care benefit or service that the organization is required to
434	440		provide under the contract;
435	441		(B) fails to provide [to the commission] or
436	442		falsifies [appropriate state agency] information required to be
437	443		provided by law, [commission or agency] rule, or contractual
438	444		provision; or
439	445		(C) engages in a fraudulent activity in
440	446		connection with the enrollment of an individual eligible under a
441	447		health care [the Medicaid] program in the organization's managed
442	448		care plan or in connection with marketing the organization's
443	449		services to an individual eligible under a health care [the
444	450		Medicaid] program;
445	451		(11) knowingly obstructs an investigation by the
446	452		attorney general of an alleged unlawful act under this section or
447	453		under Section 32.039, 32.0391, or 36.002, Human Resources Code; or
448	454		(12) knowingly makes, uses, or causes the making or
449	455		use of a false record or statement to conceal, avoid, or decrease an
450	456		obligation to pay or transmit money or property to this state or the
451	457		federal government under a health care [the Medicaid] program.
452	458		(b) An offense under this section is:
453	459		(1) a Class C misdemeanor if the amount of any payment
454	460		or the value of any monetary or in-kind benefit provided or claim
455	461		for payment made under a health care [the Medicaid] program,
456	462		directly or indirectly, as a result of the conduct is less than
457	463		$100;
458	464		(2) a Class B misdemeanor if the amount of any payment
459	465		or the value of any monetary or in-kind benefit provided or claim
460	466		for payment made under a health care [the Medicaid] program,
461	467		directly or indirectly, as a result of the conduct is $100 or more
462	468		but less than $750;
463	469		(3) a Class A misdemeanor if the amount of any payment
464	470		or the value of any monetary or in-kind benefit provided or claim
465	471		for payment made under a health care [the Medicaid] program,
466	472		directly or indirectly, as a result of the conduct is $750 or more
467	473		but less than $2,500;
468	474		(4) a state jail felony if:
469	475		(A) the amount of any payment or the value of any
470	476		monetary or in-kind benefit provided or claim for payment made
471	477		under a health care [the Medicaid] program, directly or indirectly,
472	478		as a result of the conduct is $2,500 or more but less than $30,000;
473	479		(B) the offense is committed under Subsection
474	480		(a)(11); or
475	481		(C) it is shown on the trial of the offense that
476	482		the amount of the payment or value of the benefit described by this
477	483		subsection cannot be reasonably ascertained;
478	484		(5) a felony of the third degree if:
479	485		(A) the amount of any payment or the value of any
480	486		monetary or in-kind benefit provided or claim for payment made
481	487		under a health care [the Medicaid] program, directly or indirectly,
482	488		as a result of the conduct is $30,000 or more but less than
483	489		$150,000; or
484	490		(B) it is shown on the trial of the offense that
485	491		the defendant submitted more than 25 but fewer than 50 fraudulent
486	492		claims under a health care [the Medicaid] program and the
487	493		submission of each claim constitutes conduct prohibited by
488	494		Subsection (a);
489	495		(6) a felony of the second degree if:
490	496		(A) the amount of any payment or the value of any
491	497		monetary or in-kind benefit provided or claim for payment made
492	498		under a health care [the Medicaid] program, directly or indirectly,
493	499		as a result of the conduct is $150,000 or more but less than
494	500		$300,000; or
495	501		(B) it is shown on the trial of the offense that
496	502		the defendant submitted 50 or more fraudulent claims under a health
497	503		care [the Medicaid] program and the submission of each claim
498	504		constitutes conduct prohibited by Subsection (a); or
499	505		(7) a felony of the first degree if the amount of any
500	506		payment or the value of any monetary or in-kind benefit provided or
501	507		claim for payment made under a health care [the Medicaid] program,
502	508		directly or indirectly, as a result of the conduct is $300,000 or
503	509		more.
504	510		(c) If conduct constituting an offense under this section
505	511		also constitutes an offense under another section of this code or
506	512		another provision of law, the actor may be prosecuted under either
507	513		this section or the other section or provision or both this section
508	514		and the other section or provision.
509	515		(d) When multiple payments or monetary or in-kind benefits
510	516		are provided under one or more health care programs [the Medicaid
511	517		program] as a result of one scheme or continuing course of conduct,
512	518		the conduct may be considered as one offense and the amounts of the
513	519		payments or monetary or in-kind benefits aggregated in determining
514	520		the grade of the offense.
515	521		(e) The punishment prescribed for an offense under this
516	522		section, other than the punishment prescribed by Subsection (b)(7),
517	523		is increased to the punishment prescribed for the next highest
518	524		category of offense if it is shown beyond a reasonable doubt on the
519	525		trial of the offense that the actor was a [provider or] high
520	526		managerial agent at the time of the offense.
521	527		(f) With the consent of the appropriate local county or
522	528		district attorney, the attorney general has concurrent
523	529		jurisdiction with that consenting local prosecutor to prosecute an
524	530		offense under this section that involves a health care [the
525	531		Medicaid] program.
526	532		SECTION 7. The change in law made by this Act applies only
527	533		to an offense committed on or after the effective date of this Act.
528	534		An offense committed before the effective date of this Act is
529	535		governed by the law in effect on the date the offense was committed,
530	536		and the former law is continued in effect for that purpose. For
531	537		purposes of this section, an offense was committed before the
532	538		effective date of this Act if any element of the offense occurred
533	539		before that date.
534	540		SECTION 8. This Act takes effect September 1, 2019.
535		-	______________________________ ______________________________
536		-	President of the Senate Speaker of the House
537		-	I certify that H.B. No. 2894 was passed by the House on May 9,
538		-	2019, by the following vote: Yeas 142, Nays 0, 2 present, not
539		-	voting.
540		-	______________________________
541		-	Chief Clerk of the House
542		-	I certify that H.B. No. 2894 was passed by the Senate on May
543		-	17, 2019, by the following vote: Yeas 31, Nays 0.
544		-	______________________________
545		-	Secretary of the Senate
546		-	APPROVED: _____________________
547		-	Date
548		-	_____________________
549		-	Governor
	541	+	* * * * *