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  By: Nichols S.B. No. 810
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a defense to prosecution of the offense of Medicaid
  fraud.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  SECTION 35A.02, Penal Code, is amended by adding
  Subsection (g) to read as follows:
         (g)  It is not a defense to prosecution under this chapter
  that the Medicaid program has received or recouped funds
  representing repayment for the fraudulent act or acts, in whole or
  in part, which are the basis for the criminal charge for which the
  defendant is indicted.
         SECTION 2.  The change in law made by this Act applies only to
  an offense committed on or after the effective date of this Act.  An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose.  For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2013.