Texas 2025 - 89th Regular

Texas House Bill HB142 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R16876 LRM-F
2	2		By: Noble H.B. No. 142
3		-
4		-
	3	+	Substitute the following for H.B. No. 142:
	4	+	By: Hull C.S.H.B. No. 142
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the administration, authority, and duties of the Health
10	10		and Human Services Commission's office of inspector general.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Section 544.0106, Government Code, as effective
13	13		April 1, 2025, is amended to read as follows:
14	14		Sec. 544.0106. PROCUREMENT OF [CONTRACT FOR] REVIEW [OF
15	15		INVESTIGATIVE FINDINGS] BY QUALIFIED EXPERT ON BEHALF OF OFFICE OF
16	16		INSPECTOR GENERAL. A qualified expert retained by the commission
17	17		on behalf of the office of inspector general is considered an expert
18	18		witness for purposes of Section 2151.005 [(a) If the commission
19	19		does not receive any responsive bids under Chapter 2155 on a
20	20		competitive solicitation for the services of a qualified expert to
21	21		review investigative findings under Section 544.0104 or 544.0105
22	22		and the number of contracts to be awarded under this subsection is
23	23		not otherwise limited, the commission may negotiate with and award
24	24		a contract for the services to a qualified expert on the basis of:
25	25		[(1) the contractor's agreement to a set fee, either as
26	26		a range or lump-sum amount; and
27	27		[(2) the contractor's affirmation and the office of
28	28		inspector general's verification that the contractor possesses the
29	29		necessary occupational licenses and experience].
30	30		[(b) Notwithstanding Sections 2155.083 and 2261.051, a
31	31		contract awarded under Subsection (a) is not subject to competitive
32	32		advertising and proposal evaluation requirements.]
33	33		SECTION 2. Subchapter C, Chapter 544, Government Code, as
34	34		effective April 1, 2025, is amended by adding Section 544.0115 to
35	35		read as follows:
36	36		Sec. 544.0115. PERMITTED DISCLOSURE OF CERTAIN
37	37		INFORMATION. For purposes of performing the duties of the office of
38	38		inspector general under this subchapter, the office may disclose
39	39		information obtained in the course of conducting the office's
40	40		administrative oversight activities to:
41	41		(1) a federal, state, or local governmental entity,
42	42		including:
43	43		(A) a federal agency or an agency of this state or
44	44		another state;
45	45		(B) the criminal, civil, or administrative
46	46		department, division, bureau, or other entity with enforcement or
47	47		prosecutorial authority of:
48	48		(i) this state;
49	49		(ii) the United States;
50	50		(iii) another state; or
51	51		(iv) a local governmental entity of this
52	52		state or another state; and
53	53		(C) a political subdivision of this state; or
54	54		(2) a person authorized by the office to receive the
55	55		information.
56	56		SECTION 3. Section 544.0153(b), Government Code, as
57	57		effective April 1, 2025, is amended to read as follows:
58	58		(b) Except as required by federal law, to [To] determine a
59	59		health care professional's eligibility to participate as a Medicaid
60	60		provider, the office of inspector general may not conduct a
61	61		fingerprint-based criminal history record information check of a
62	62		health care professional who the office has confirmed under
63	63		Subsection (a) is licensed and in good standing. This subsection
64	64		does not prohibit the office from conducting a criminal history
65	65		record information check of a provider that is required or
66	66		appropriate for other reasons, including for conducting an
67	67		investigation of fraud, waste, or abuse.
68	68		SECTION 4. Section 544.0202(b), Government Code, as
69	69		effective April 1, 2025, is amended to read as follows:
70	70		(b) The commission shall:
71	71		(1) aggressively publicize successful fraud
72	72		prosecutions and fraud-prevention programs through all available
73	73		means, including the use of statewide press releases; and
74	74		(2) ensure that the commission or a health and human
75	75		services agency maintains and promotes an appropriate
76	76		communications system [a toll-free telephone hotline] for
77	77		reporting suspected fraud in programs the commission or a health
78	78		and human services agency administers.
79	79		SECTION 5. The following provisions of the Government Code
80	80		are repealed:
81	81		(1) Section 544.0201; and
82	82		(2) Section 544.0252(a).
83	83		SECTION 6. If before implementing any provision of this Act
84	84		a state agency determines that a waiver or authorization from a
85	85		federal agency is necessary for implementation of that provision,
86	86		the agency affected by the provision shall request the waiver or
87	87		authorization and may delay implementing that provision until the
88	88		waiver or authorization is granted.
89	89		SECTION 7. This Act takes effect September 1, 2025.