SECTION 371.25. Injunction to Prevent Disposing of Assets and Application to Debts

Based on the results of investigative findings and evidence that potential fraud, waste, or abuse exists and a potential overpayment, penalty, or damage has been identified, a method that may be used by the OIG, as a fiduciary for the state, is injunctive relief. The purpose of the injunctive relief is to ensure assets remain to reimburse the state monies owed such as recoupment of overpayments and assessed damages and penalties. The OIG may request that the Attorney General obtain an injunction to prevent a provider or person from disposing of an asset identified by the OIG as potentially subject to recovery by the OIG due to the provider's or person's fraud, waste, or abuse. Upon final resolution of the case, any funds derived from the forfeited asset(s), after offsetting any expenses attributable to the sale of those assets, are applied to the unpaid debt by the OIG.

Source Note: The provisions of this §371.25 adopted to be effective January 9, 2005, 29 TexReg 12128; amended to be effective May 1, 2016, 41 TexReg 2941