(a-1) Criminal history record information the Health and Human Services Commission or the office of inspector general is authorized to obtain under Subsection (a) includes criminal history record information relating to:

1. (1) a person that:

   1. (A) has a direct or indirect ownership interest, or a combination of direct and indirect ownership interests, that equals five percent or more in the provider or person applying to enroll as a provider;
   2. (B) owns an interest of five percent or more in a mortgage, deed of trust, promissory note, or other obligation secured by the provider or person applying to enroll as a provider if that interest equals at least five percent of the value of the property or other assets of the provider or person applying to enroll as a provider;
   3. (C) is an officer or director of the provider or person applying to enroll as a provider if that provider or applicant is organized as a corporation; or
   4. (D) is a partner in the provider or person applying to enroll as a provider if that provider or applicant is organized as a partnership; and
2. (2) a managing employee of the provider or person applying to enroll as a provider.

(a-2) Subject to Section 411.087 and consistent with the public policy of this state, the Health and Human Services Commission and the office of inspector general are entitled to:

1. (1) obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person who is described by Subsection (a) or (a-1); and
2. (2) obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a) or (a-1).

(e) In this section:

1. (1) "Managing employee," with respect to a provider or person applying to enroll as a provider, means an individual, including a general manager, business manager, administrator, or director, who:

   1. (A) exercises operational or managerial control over all or part of the provider or applicant; or
   2. (B) directly or indirectly conducts the daily operations of all or part of the provider or applicant.
2. (2) "Ownership interest," with respect to a provider or person applying to enroll as a provider, means having equity in the provider's or applicant's capital, stock, or profits.

3. (3) "Provider" means an individual or entity that engages in the delivery of health care services and is authorized to deliver those services in this state, including an individual or entity that delivers health care services to recipients under the medical assistance program.

   Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.10, eff. September 1, 2011.

   Acts 2011, 82nd Leg., R.S., Ch. 980 (H.B. 1720), Sec. 1, eff. September 1, 2011.

   Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.14, eff. April 1, 2025.

   Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 34, eff. June 13, 2023.

   Acts 2025, 89th Leg., R.S., Ch. 462 (H.B. 4643), Sec. 1, eff. June 20, 2025.

   Acts 2025, 89th Leg., R.S., Ch. 462 (H.B. 4643), Sec. 2, eff. June 20, 2025.

   Acts 2025, 89th Leg., R.S., Ch. 1155 (S.B. 2587), Sec. 7, eff. September 1, 2025.

   Acts 2025, 89th Leg., R.S., Ch. 1155 (S.B. 2587), Sec. 8, eff. September 1, 2025.