89R16876 LRM-F     By: Noble H.B. No. 142     Substitute the following for H.B. No. 142:     By:  Hull C.S.H.B. No. 142       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 ON BEHALF OF OFFICE OF   INSPECTOR GENERAL. A qualified expert retained by the commission   on behalf of the office of inspector general is considered an expert   witness for purposes of 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.