89R5566 LRM-F
By: Perry S.B. No. 1461
A BILL TO BE ENTITLED
AN ACT
relating to the administration, authority, and duties of the Health
and Human Services Commission's office of inspector general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 544.0106, Government Code, as effective
April 1, 2025, is amended to read as follows:
Sec. 544.0106. PROCUREMENT OF CONTRACT FOR REVIEW OF
INVESTIGATIVE FINDINGS BY QUALIFIED EXPERT. Notwithstanding any
other law, Subtitle D, Title 10, does not apply to the commission's
procuring of a contract for the services of a qualified expert to
review investigative findings under Section 544.0104 or 544.0105 to
the same extent that subtitle does not apply to the obtaining of an
expert witness under Section 2151.005. [(a) If the commission does
not receive any responsive bids under Chapter 2155 on a competitive
solicitation for the services of a qualified expert to review
investigative findings under Section 544.0104 or 544.0105 and the
number of contracts to be awarded under this subsection is not
otherwise limited, the commission may negotiate with and award a
contract for the services to a qualified expert on the basis of:
[(1) the contractor's agreement to a set fee, either as
a range or lump-sum amount; and
[(2) the contractor's affirmation and the office of
inspector general's verification that the contractor possesses the
necessary occupational licenses and experience.
[(b) Notwithstanding Sections 2155.083 and 2261.051, a
contract awarded under Subsection (a) is not subject to competitive
advertising and proposal evaluation requirements.]
SECTION 2. Subchapter C, Chapter 544, Government Code, as
effective April 1, 2025, is amended by adding Section 544.0115 to
read as follows:
Sec. 544.0115. PERMITTED DISCLOSURE OF CERTAIN
INFORMATION. For purposes of performing the duties of the office of
inspector general under this subchapter, the office may disclose
information obtained in the course of conducting the office's
administrative oversight activities to:
(1) a federal, state, or local governmental entity,
including:
(A) a federal agency or an agency of this state or
another state;
(B) the criminal, civil, or administrative
department, division, bureau, or other entity with enforcement or
prosecutorial authority of:
(i) this state;
(ii) the United States;
(iii) another state; or
(iv) a local governmental entity of this
state or another state; and
(C) a political subdivision of this state; or
(2) a person authorized by the office to receive the
information.
SECTION 3. Section 544.0153(b), Government Code, as
effective April 1, 2025, is amended to read as follows:
(b) Except as required by federal law, to [To] determine a
health care professional's eligibility to participate as a Medicaid
provider, the office of inspector general may not conduct a
fingerprint-based criminal history record information check of a
health care professional who the office has confirmed under
Subsection (a) is licensed and in good standing. This subsection
does not prohibit the office from conducting a criminal history
record information check of a provider that is required or
appropriate for other reasons, including for conducting an
investigation of fraud, waste, or abuse.
SECTION 4. Section 544.0202(b), Government Code, as
effective April 1, 2025, is amended to read as follows:
(b) The commission shall:
(1) aggressively publicize successful fraud
prosecutions and fraud-prevention programs through all available
means, including the use of statewide press releases; and
(2) ensure that the commission or a health and human
services agency maintains and promotes an appropriate
communications system [a toll-free telephone hotline] for
reporting suspected fraud in programs the commission or a health
and human services agency administers.
SECTION 5. The following provisions of the Government Code
are repealed:
(1) Section 544.0201; and
(2) Section 544.0252(a).
SECTION 6. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 7. This Act takes effect September 1, 2025.