in Re Xerox Corporation and Xerox State Healthcare, LLC F/K/A ACS State Healthcare, LLC
Relators Xerox Corporation and Xerox State Healthcare, LLC seek a writ of mandamus to overturn trial court orders that struck their third-party claims and denied leave to designate responsible third parties. The underlying suit is a Texas Medicaid Fraud Prevention Act (TMFPA) enforcement action by the State of Texas against Xerox for misrepresenting its prior authorization review process for orthodontia services, leading to unauthorized Medicaid payments. The State argues the TMFPA is a remedial public welfare statute, not tort-based, and therefore Chapter 33 of the Civil Practice & Remedies Code (CPRC) on proportionate responsibility does not apply. The State asserts it seeks civil remedies and penalties from Xerox for its independent unlawful acts, not apportionable damages, and that Xerox has an adequate remedy on appeal.