Sec. 36.111. REDUCTION OF AWARD. (a) If the court finds that the action was brought by a person who planned and initiated the violation of Section 36.002 on which the action was brought, the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action the person would otherwise receive under Section 36.110, taking into account the person's role in advancing the case to litigation and any relevant circumstances pertaining to the violation.
(b) If the person bringing the action is convicted of criminal conduct arising from the person's role in the violation of Section 36.002, the court shall dismiss the person from the civil action and the person may not receive any share of the proceeds of the action. A dismissal under this subsection does not prejudice the right of the state to continue the action.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 2 - Human Services and Protective Services in General
Subtitle C - Assistance Programs
Chapter 36 - Medicaid Fraud Prevention
Subchapter C. Action by Private Persons
Section 36.101. Action by Private Person Authorized
Section 36.102. Initiation of Action; Consent Required for Dismissal
Section 36.1021. Standard of Proof
Section 36.103. Answer by Defendant
Section 36.104. State Decision; Continuation of Action
Section 36.105. Representation of State by Private Attorney
Section 36.106. Intervention by Other Parties Prohibited
Section 36.107. Rights of Parties if State Continues Action
Section 36.108. Stay of Certain Discovery
Section 36.109. Pursuit of Alternate Remedy by State
Section 36.110. Award to Private Plaintiff
Section 36.111. Reduction of Award
Section 36.112. Award to Defendant for Frivolous Action
Section 36.113. Certain Actions Barred
Section 36.114. State Not Liable for Certain Expenses
Section 36.115. Retaliation Against Person Prohibited