In re Xerox Corp.
In re Xerox Corp.
Opinion of the Court
MEMORANDUM OPINION
David Puryear, Justice *641The State brought an enforcement action against Xerox Corporation and Xerox State HealthCare, LLC, f/k/a ACS State HealthCare, LLC ("Xerox"), for alleged violations of the Texas Medicaid Fraud Prevention Act (the "Act"). See Tex. Hum. Res.Code §§ 36.001 -.132; see also id. §§ 36.007, .052 (setting out various civil penalties for violations of Act). During the time relevant to the underlying lawsuit, the Health and Human Services Commission hired Xerox to assist in processing Medicaid claims. As part of its responsibilities, Xerox was charged with reviewing prior-authorization requests for orthodontic services submitted by service providers. See
After the State filed its suit against Xerox, Xerox filed a third-party petition against several service providers, including most of the service providers named in the State's related enforcement action, for contribution under chapter 33 of the Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem.Code §§ 33.001 -.017 (providing that party to suit regarding tort claims may seek recovery from "a defendant, settling person, or responsible third party" who "is found responsible for a percentage of the harm for which relief is sought"); see also Tex. R. Civ. P. 38(a) (setting out circumstances in which "[d]efendant [m]ay [b]ring in [t]hird [p]arty"). In response, the State filed a motion to strike Xerox's third-party petition, and the district court granted the motion. After the district court made its ruling, Xerox filed a motion requesting the district court to allow Xerox to designate those service providers as responsible third parties. See Tex. Civ. Prac. & Rem. Code § 33.011(6) (defining "[r]esponsible third party" as "any person who is alleged to have caused or contributed to causing in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by *642any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these"). The State opposed the motion, and the district court denied Xerox's motion for leave to designate responsible third parties.
Subsequent to the two rulings described above, Xerox filed a petition for writ of mandamus asking this Court to compel the district court to vacate its order striking Xerox's third-party petition and to grant Xerox's "motion for leave to designate responsible third parties under Chapter 33." Having reviewed the petition and the responsive filings, we deny the petition for writ of mandamus. See Tex.R.App. P. 52.8(a) ; see also In re Frank Kent Motor Co.,
The State's enforcement action against several service providers is the subject of another proceeding before this Court. See Nazari v. State ,
Reference
- Full Case Name
- IN RE XEROX CORPORATION and Xerox State HealthCare, LLC, f/k/a ACS State HealthCare, LLC
- Cited By
- 1 case
- Status
- Published