HBA-JRA H.B. 2072 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2072
By: Maxey
Public Health
3/19/1999
Introduced



BACKGROUND AND PURPOSE 

The National Heritage Insurance Company (NHIC), through a contract with the
Texas Department of Health (TDH), processes most of the state's Medicaid
paperwork in the form of claims submitted by approved health care providers
seeking reimbursement for services.  According to the Healthcare Claims
Study, conducted by the Comptroller of Public Accounts to determine areas
of possible fraud and overpayment, NHIC processed 32 million claims from
more than 164,000 providers serving more than 2 million individuals in
fiscal 1997.  TDH processes claims for prescription drugs through its
Vendor Drug Program.  The study estimated that 10.5 percent of the claims,
or $250 million, could have been overpayments or fraudulent.  H.B. 2072
implements systems to detect fraud, waste, and abuse in the state medicaid
program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Health and Human Services
Commission in SECTION 3 and SECTION 4 (Section 531.102 and 531.110,
Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 32, Human Resources Code, by
adding Section 32.0242 and 32.0243, as follows: 

Sec. 32.0242.  VERIFICATION OF CERTAIN INFORMATION.  Requires the Health
and Human Services Commission (HHS) to verify an applicant's physical
residential address on determination that the applicant is eligible for
medical assistance.  

Sec. 32.0243.  PERIODIC REVIEW OF ELIGIBILITY FOR CERTAIN RECIPIENTS.
Requires HHS, in cooperation with the United States Social Security
Administration, to periodically review the eligibility of a recipient of
medical assistance who is eligible on the basis of the recipient's
eligibility for Supplemental Security Income (SSI) benefits.  Requires HHS,
in reviewing the eligibility of a recipient, to ensure that only recipients
who reside in this state and who continue to be eligible for SSI benefits
remain eligible for medical assistance. 

SECTION 2.  Amends Section 403.026(a), Government Code, as added by Chapter
1153, Acts of the 75th Legislature, Regular Session, 1997, to require the
Comptroller of Public Accounts (comptroller) to conduct a study each
biennium to determine the need for changes to the eligibility system used
under the state Medicaid program.  Redesignates existing Subdivisions
(1)-(3) to Paragraphs (A)-(C). 

SECTION 3.  Amends Section 531.102, Government Code, by adding Subsections
(e) and (f), as follows: 

(e)  Requires HHS to assign the highest priority for investigation of
potential fraud to claims submitted for reimbursement for outpatient
hospital, ancillary, emergency room, and home health care services. 

 (f)  Requires HHS, by rule, to set specific claims criteria that, when
met, require the office to begin an investigation.  Provides that the
claims criteria must be based on a total dollar amount or a total number of
claims submitted for services to a particular recipient during a specified
amount of time that indicates a high potential for fraud. 

SECTION 4.  Amends Subchapter C, Chapter 531, Government Code, by adding
Section 531.109, 531.110, and 531.111, as follows: 

Sec. 531.109.  SELECTION AND REVIEW OF CLAIMS.  Requires HHS to randomly
select and review a statistically significant sample of claims for
reimbursement under the state Medicaid program, including the vendor drug
program, for potential cases of fraud, waste or abuse on an annual basis.
Requires HHS, in performing the review, to directly contact the recipient
to verify that the services for which a claim for reimbursement was
submitted were received.  Requires HHS to determine the types of claims at
which HHS resources for fraud and abuse detection should be primarily
directed based on the results of the annual review. 

Sec. 531.110.  ELECTRONIC DATA MATCHING PROGRAM.  (a)  Requires HHS to
conduct electronic data matches for a recipient of assistance under the
state Medicaid program at least quarterly to verify the identity, income,
employment status, and other factors that affect the eligibility of the
recipient. 

(b)  Provides that the electronic data matching must match information
provided by the recipient with information contained in certain databases
in order to verify eligibility. 

(c)  Requires the Texas Department of Human Services to cooperate with HHS
by providing data or any other assistance necessary to conduct the required
electronic data matches. 

(d)  Authorizes HHS to contract with a public or private entity to conduct
the electronic data matches. 

(e)  Requires HHS, by rule, to establish procedures to verify the
electronic data matches. Requires the Texas Department of Human Services to
remove from eligibility a recipient who is determined ineligible by the
20th day after the electronic data match is verified. 

(f)  Requires HHS to report biennially to the legislature the results of
the electronic data matching program.  Provides that the report must
include a summary of the number of applicants who were removed from
eligibility as a result of an electronic data match conducted under this
section. 

Sec. 531.111.  FRAUD DETECTION TECHNOLOGY.  Authorizes HHS to contract with
a contractor who specializes in developing technology capable of
identifying patterns of fraud exhibited by Medicaid recipients to develop
and implement the fraud detection technology and determine if a pattern of
fraud by Medicaid recipients is present in the recipients' eligibility
files maintained by the Texas Department of Human Services. 

SECTION 5.  Requires HHS, in cooperation with the office of inspector
general of the Texas Department of Human Services, to study and consider
for implementation fraud detection technology. 

SECTION 6.  Requires the Texas Department of Health (TDH) to contract with
a contractor who specializes in Medicaid claims payment systems by December
31, 1999, to perform tests on a Medicaid claims payment system considered
for implementation by TDH to ensure the smooth and timely payment of
claims, ensure accuracy of claims payments, and reveal inconsistencies in
the payment system.  Provides that the contract must require the contractor
to perform tests before initial implementation and before implementation of
any change to the operation of the system. 

SECTION 7.  (a)  Requires the Texas Department of Human Services
(department) to develop a  Medicaid eligibility confirmation letter that is
not easily duplicated by January 1, 2000, and to begin using that
confirmation letter in place of the letter used on the effective date of
this Act.  Provides that the new confirmation letter must be used until a
permanent system for eligibility confirmation is implemented as required by
this Act. 

(b)  Requires the department to identify and consider for implementation
alternative methods for a recipient to prove eligibility under the state
Medicaid program to a provider on the effective date of this Act.  Requires
the department to consider the methods used by other states. 

(c)  Requires the department to implement a permanent system for a
recipient to prove eligibility under the state Medicaid program to a
provider that is designed to reduce the potential for fraudulent claims of
eligibility by September 1, 2000. 

SECTION 8.  Requires a state agency affected by any provision of this Act,
if the agency determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, to request the
waiver or authorization and authorizes that agency to delay implementation
until the waiver or authorization is granted. 

SECTION 9.  Effective date: September 1, 1999.

SECTION 10.  Emergency clause.