PROHIBITION OF CERTAIN HEALTH CARE SERVICE PROVIDERS

(a) A person is permanently prohibited from providing or arranging to provide health care services under the medical assistance program if:

(1) the person is convicted of an offense arising from a fraudulent act under the program; and

(2) the person's fraudulent act results in injury to an elderly person, as defined by Section 48.002 (a)(1), a person with a disability, as defined by Section 48.002 (a)(8)(A), or a person younger than 18 years of age.

(b) The executive commissioner shall adopt rules for prohibiting a person from participating in the medical assistance program as a health care provider for a reasonable period, as determined by the executive commissioner, if the person:

(1) fails to repay overpayments under the program; or

(2) owns, controls, manages, or is otherwise affiliated with and has financial, managerial, or administrative influence over a provider who has been suspended or prohibited from participating in the program. Added by Acts 1997, 75th Leg., ch. 1153, Sec. 3.03, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720 ), Sec. 30, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 4.124, eff. April 2, 2015.