Tex.
Gov't Code Section 531.1032
Office of Inspector General: Criminal History Record Information Check
(a)
The office and each licensing authority that requires the submission of fingerprints for the purpose of conducting a criminal history record information check of a health care professional shall enter into a memorandum of understanding to ensure that only persons who are licensed and in good standing as health care professionals participate as providers in Medicaid. The memorandum under this section may be combined with a memorandum authorized under Section 531.1031 (Duty to Exchange Information)(c-1) and must include a process by which:(1)
the office may confirm with a licensing authority that a health care professional is licensed and in good standing for purposes of determining eligibility to participate in Medicaid; and(2)
the licensing authority immediately notifies the office if:(A)
a provider’s license has been revoked or suspended; or(B)
the licensing authority has taken disciplinary action against a provider.(b)
The office may not, for purposes of determining a health care professional’s eligibility to participate in Medicaid as a provider, conduct a 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 performing 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.(c)
For purposes of determining eligibility to participate in Medicaid and subject to Subsection (d), the office, after seeking public input from various geographic areas across this state, either in person or through teleconferencing centers, shall establish and the executive commissioner by rule shall adopt guidelines for the evaluation of criminal history record information of providers and potential providers. The guidelines must outline conduct, by provider type, that may be contained in criminal history record information that will result in exclusion of a person from Medicaid as a provider, taking into consideration:(1)
the extent to which the underlying conduct relates to the services provided under Medicaid;(2)
the degree to which the person would interact with Medicaid recipients as a provider; and(3)
any previous evidence that the person engaged in fraud, waste, or abuse under Medicaid.(c)
For purposes of determining eligibility to participate in Medicaid and subject to Subsection (d), the office, after seeking public input, shall establish and the executive commissioner by rule shall adopt guidelines for the evaluation of criminal history record information of providers and potential providers. The guidelines must outline conduct, by provider type, that may be contained in criminal history record information that will result in exclusion of a person from Medicaid as a provider, taking into consideration:(1)
the extent to which the underlying conduct relates to the services provided under Medicaid;(2)
the degree to which the person would interact with Medicaid recipients as a provider; and(3)
any previous evidence that the person engaged in fraud, waste, or abuse under Medicaid.(d)
The guidelines adopted under Subsection (c) may not impose stricter standards for the eligibility of a person to participate in Medicaid than a licensing authority described by Subsection (a) requires for the person to engage in a health care profession without restriction in this state.(e)
The office and the commission shall use the guidelines adopted under Subsection (c) to determine whether a provider participating in Medicaid continues to be eligible to participate in Medicaid as a provider.(f)
The provider enrollment contractor, if applicable, and a managed care organization participating in Medicaid shall defer to the office regarding whether a person’s criminal history record information precludes the person from participating in Medicaid as a provider.
Source:
Section 531.1032 — Office of Inspector General: Criminal History Record Information Check, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.531.htm#531.1032 (accessed Jun. 5, 2024).
