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Relating to Medicaid fraud actions.
No significant fiscal implication to the State is anticipated.
HB 3082 would permit a defendant in a Medicaid fraud action to recover reasonable attorney's fees and court costs from a private plaintiff if the court finds that the action is frivolous and the private plaintiff was not the original source of the information on which the case is based.
Texas Action supports HB 3082 because it would advance personal responsibility and individual liberty. A person who files a frivolous suit against a healthcare provider for Medicaid fraud without any actual knowledge of fraud occurring, hoping instead to use the litigation process to discover it and be awarded by the court, ought to face a penalty. HB 3082 would deter these types of frivolous suits and protect healthcare providers who follow the law from expensive litigation.
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