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A BILL TO BE ENTITLED
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AN ACT
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relating to Medicaid fraud actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.112, Human Resources Code, is amended |
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to read as follows: |
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Sec. 36.112. AWARD TO DEFENDANT FOR FRIVOLOUS ACTION. (a) |
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Chapter 105, Civil Practice and Remedies Code, applies in an action |
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under this subchapter with which the state proceeds. |
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(b) If the state does not proceed with an action under this |
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subchapter and the person who brought the action proceeds with the |
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action, the court may award the defendant reasonable attorney's |
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fees and expenses to the same extent the defendant would be entitled |
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to recover those fees and expenses under Section 105.002, Civil |
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Practice and Remedies Code, if the state had proceeded with the |
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action, provided that: |
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(1) the court finds that the action is frivolous; and |
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(2) the person who brought the action was not the |
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original source of the information on which the action is based. |
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SECTION 2. The changes in law made by this Act apply only to |
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an action commenced on or after the effective date of this Act. An |
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action commenced before the effective date of this Act is governed |
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by the law as it existed immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |