By Berlanga H.C.R. No. 108 74R2684 MDR-D CONCURRENT RESOLUTION 1-1 WHEREAS, Fernando and Luis Canseco, doing business as 1-2 Reliable Ambulance Service, Inc. of San Antonio allege that: 1-3 (1) they entered into a contract with the Texas Department 1-4 of Human Services to deliver nonemergency medical assistance of 1-5 Medicaid patients to treatment facilities; 1-6 (2) the contract is now being administered by the Texas 1-7 Department of Health; 1-8 (3) in December of 1991, the Texas Department of Human 1-9 Services withheld $600,000 from the amount owed to Reliable 1-10 Ambulance Service, Inc. of San Antonio under the contract, claiming 1-11 that Reliable Ambulance Service, Inc. of San Antonio was 1-12 overbilling for ineligible Medicaid patients; 1-13 (4) on or about December 8, 1991, the Texas Department of 1-14 Human Services withheld all payments for services performed by 1-15 Reliable Ambulance Service, Inc. of San Antonio; 1-16 (5) the amount of $1,179,405.21 is owed to Reliable 1-17 Ambulance Service, Inc. of San Antonio and is being held by the 1-18 National Heritage Insurance Company, which is responsible for 1-19 administering payment of the contract with Reliable Ambulance 1-20 Service, Inc. of San Antonio; 1-21 (6) because payment has not been received, Reliable 1-22 Ambulance Service, Inc. of San Antonio has had to file for 1-23 bankruptcy; and 1-24 (7) Reliable Ambulance Service, Inc. of San Antonio is 2-1 entitled to damages in the amount of $1,179,405.21 for the work 2-2 performed as provided by the contract and to an order ordering the 2-3 National Heritage Insurance Company to release this amount; now, 2-4 therefore, be it 2-5 RESOLVED by the Legislature of the State of Texas, That 2-6 Reliable Ambulance Service, Inc. of San Antonio is granted 2-7 permission to sue the State of Texas, Texas Department of Human 2-8 Services, and Texas Department of Health subject to Chapter 107, 2-9 Civil Practice and Remedies Code; and, be it further 2-10 RESOLVED, That the commissioner of the Texas Department of 2-11 Human Services and the executive director of the Texas Department 2-12 of Health be served process as provided by Section 107.002(a)(3), 2-13 Civil Practice and Remedies Code.