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State Law
Federal Law
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Texas Human Resources Code - Chapter 36 Medicaid Fraud PreventionLegal Research Home > Texas Lawyer > Human Resources Code > Texas Human Resources Code - Chapter 36 Medicaid Fraud Prevention In this chapter: (1) "Claim" means a written or electronically submitted request or demand that: (A) is signed by a provider or a fiscal agent ... (a) For purposes of this chapter, a person acts "knowingly" with respect to information if the person: (1) has knowledge of the information; (2) acts ... A person commits an unlawful act if the person: (1) knowingly makes or causes to be made a false statement or misrepresentation of a material ... (a) A state agency, including the Health and Human Services Commission, the Texas Department of Human Services, the Texas Department of Health, the Texas Department ... Notwithstanding any other law, a person is not civilly or criminally liable for providing access to documentary material under this chapter to: (1) an employee ... (a) A health and human services agency, as defined by Section 531.001, Government Code: (1) shall suspend or revoke: (A) a provider agreement between the ... The application of a civil remedy under this chapter does not preclude the application of another common law, statutory, or regulatory remedy, except that a ... The attorney general may recover fees, expenses, and costs reasonably incurred in obtaining injunctive relief or civil remedies or in conducting investigations under this chapter, ... The legislature, in appropriating money recovered under this chapter, shall consider the requirements of the attorney general and other affected state agencies in investigating Medicaid ... (a) If the attorney general has reason to believe that a person is committing, has committed, or is about to commit an unlawful act, the ... (a) Except as provided by Subsection (c), a person who commits an unlawful act is liable to the state for: (1) the amount of any ... (a) The attorney general may take action under Subsection (b) if the attorney general has reason to believe that: (1) a person has information or ... (a) An investigative demand must: (1) state the rule or statute under which the alleged unlawful act is being investigated and the general subject matter ... To the extent permitted by 31 U.S.C. Sections 3729-3733, the attorney general may bring an action as relator under 31 U.S.C. Section 3730 with respect ... (a) A person may bring a civil action for a violation of Section 36.002 for the person and for the state. The action shall be ... (a) A person bringing an action under this subchapter shall serve a copy of the petition and a written disclosure of substantially all material evidence ... A defendant is not required to file in accordance with the Texas Rules of Civil Procedure an answer to a petition filed under this subchapter ... (a) Not later than the last day of the period prescribed by Section 36.102(c) or an extension of that period as provided by Section 36.102(d), ... The attorney general may contract with a private attorney to represent the state in an action under this subchapter with which the state elects to ... A person other than the state may not intervene or bring a related action based on the facts underlying a pending action brought under this ... (a) If the state proceeds with the action, the state has the primary responsibility for prosecuting the action and is not bound by an act ... (a) On a showing by the state that certain actions of discovery by the person bringing the action would interfere with the state's investigation or ... (a) Notwithstanding Section 36.101, the state may elect to pursue the state's claim through any alternate remedy available to the state, including any administrative proceeding ... (a) If the state proceeds with an action under this subchapter, the person bringing the action is entitled, except as provided by Subsection (b), to ... (a) If the court finds that the action was brought by a person who planned and initiated the violation of Section 36.002 on which the ... Chapter 105, Civil Practice and Remedies Code, applies in an action under this subchapter with which the state proceeds. Added by Acts 1997, 75th Leg., ... (a) A person may not bring an action under this subchapter that is based on allegations or transactions that are the subject of a civil ... The state is not liable for expenses that a person incurs in bringing an action under this subchapter. Added by Acts 1997, 75th Leg., ch. ... (a) A person who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms of employment by the person's ... Except as provided by Section 36.112, this subchapter does not waive sovereign immunity. Added by Acts 1997, 75th Leg., ch. 1153, § 4.08, eff. Sept. ... The office of the attorney general may retain a reasonable portion of recoveries under this subchapter, not to exceed amounts specified in the General Appropriations ... (a) In this section: (1) "License" means a license, certificate, registration, permit, or other authorization that: (A) is issued by a licensing authority; (B) is ... Texas Lawyers
Last modified: August 10, 2007 |