Texas 2025 - 89th Regular

Texas Senate Bill SB1461 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5566 LRM-F
2	2	By: Perry S.B. No. 1461
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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. Notwithstanding any
16	16	other law, Subtitle D, Title 10, does not apply to the commission's
17	17	procuring of a contract for the services of a qualified expert to
18	18	review investigative findings under Section 544.0104 or 544.0105 to
19	19	the same extent that subtitle does not apply to the obtaining of an
20	20	expert witness under Section 2151.005. [(a) If the commission does
21	21	not receive any responsive bids under Chapter 2155 on a competitive
22	22	solicitation for the services of a qualified expert to review
23	23	investigative findings under Section 544.0104 or 544.0105 and the
24	24	number of contracts to be awarded under this subsection is not
25	25	otherwise limited, the commission may negotiate with and award a
26	26	contract for the services to a qualified expert on the basis of:
27	27	[(1) the contractor's agreement to a set fee, either as
28	28	a range or lump-sum amount; and
29	29	[(2) the contractor's affirmation and the office of
30	30	inspector general's verification that the contractor possesses the
31	31	necessary occupational licenses and experience.
32	32	[(b) Notwithstanding Sections 2155.083 and 2261.051, a
33	33	contract awarded under Subsection (a) is not subject to competitive
34	34	advertising and proposal evaluation requirements.]
35	35	SECTION 2. Subchapter C, Chapter 544, Government Code, as
36	36	effective April 1, 2025, is amended by adding Section 544.0115 to
37	37	read as follows:
38	38	Sec. 544.0115. PERMITTED DISCLOSURE OF CERTAIN
39	39	INFORMATION. For purposes of performing the duties of the office of
40	40	inspector general under this subchapter, the office may disclose
41	41	information obtained in the course of conducting the office's
42	42	administrative oversight activities to:
43	43	(1) a federal, state, or local governmental entity,
44	44	including:
45	45	(A) a federal agency or an agency of this state or
46	46	another state;
47	47	(B) the criminal, civil, or administrative
48	48	department, division, bureau, or other entity with enforcement or
49	49	prosecutorial authority of:
50	50	(i) this state;
51	51	(ii) the United States;
52	52	(iii) another state; or
53	53	(iv) a local governmental entity of this
54	54	state or another state; and
55	55	(C) a political subdivision of this state; or
56	56	(2) a person authorized by the office to receive the
57	57	information.
58	58	SECTION 3. Section 544.0153(b), Government Code, as
59	59	effective April 1, 2025, is amended to read as follows:
60	60	(b) Except as required by federal law, to [To] determine a
61	61	health care professional's eligibility to participate as a Medicaid
62	62	provider, the office of inspector general may not conduct a
63	63	fingerprint-based criminal history record information check of a
64	64	health care professional who the office has confirmed under
65	65	Subsection (a) is licensed and in good standing. This subsection
66	66	does not prohibit the office from conducting a criminal history
67	67	record information check of a provider that is required or
68	68	appropriate for other reasons, including for conducting an
69	69	investigation of fraud, waste, or abuse.
70	70	SECTION 4. Section 544.0202(b), Government Code, as
71	71	effective April 1, 2025, is amended to read as follows:
72	72	(b) The commission shall:
73	73	(1) aggressively publicize successful fraud
74	74	prosecutions and fraud-prevention programs through all available
75	75	means, including the use of statewide press releases; and
76	76	(2) ensure that the commission or a health and human
77	77	services agency maintains and promotes an appropriate
78	78	communications system [a toll-free telephone hotline] for
79	79	reporting suspected fraud in programs the commission or a health
80	80	and human services agency administers.
81	81	SECTION 5. The following provisions of the Government Code
82	82	are repealed:
83	83	(1) Section 544.0201; and
84	84	(2) Section 544.0252(a).
85	85	SECTION 6. If before implementing any provision of this Act
86	86	a state agency determines that a waiver or authorization from a
87	87	federal agency is necessary for implementation of that provision,
88	88	the agency affected by the provision shall request the waiver or
89	89	authorization and may delay implementing that provision until the
90	90	waiver or authorization is granted.
91	91	SECTION 7. This Act takes effect September 1, 2025.