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.