SHAMROCK PSYCHIATRIC v. DEPT. OF HEALTH

No. 16-0890.

540 S.W.3d 553 (2018)

SHAMROCK PSYCHIATRIC CLINIC, P.A., Petitioner, v. TEXAS DEPARTMENT OF HEALTH AND HUMAN SERVICES, Kyle Janek, MD, Executive Commissioner and Douglas Wilson, Inspector General, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: February 23, 2018.


Attorney(s) appearing for the Case

Joseph David `Jody' Hughes , for Kyle Janek, M.D., and Douglas Wilson.

Eugene A. Clayborn , Heather Gebelin Hacker , Jeffrey C. Mateer , James E. Davis , W. Kenneth Paxton Jr. , Scott A. Keller , Joseph David `Jody' Hughes , Brantley D. Starr , Nichole Beth Bunker-Henderson , for Texas Department of Health and Human Services.

Jason D. Ray , for Shamrock Psychiatric, P.A.


The ultimate issue in this governmental-immunity case is whether Shamrock Psychiatric Clinic, P.A., a Medicaid provider, is entitled to a contested-case hearing on the merits of the State's claim to recoup alleged overpayments. We hold that it is.

The Texas Health and Human Services Commission administers the Texas Medicaid Program...

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