Tex. Codes » Human Resources Code · TITLE 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · SUBTITLE C. ASSISTANCE PROGRAMS · CHAPTER 36. HEALTH CARE PROGRAM FRAUD PREVENTION
Texas Codes

Tex. Hum. Res. Code § 36.106 (2026)

Intervention By Other Parties Prohibited

✓ current as of May 2026
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Sec. 36.106. INTERVENTION BY OTHER PARTIES PROHIBITED. A person other than the state may not intervene or bring a related action based on the facts underlying a pending action brought under this subchapter.

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 8 cases (6 in the last 5 years), 2013–2026 · leading case: United States ex rel. Palmieri v. Alpharma, Inc., 928 F. Supp. 2d 840 (D. Maryland 2013).
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United States ex rel. Palmieri v. Alpharma, Inc., 928 F. Supp. 2d 840 (D. Maryland 2013). “§ 4-18-104 (c)(10); Tex. Hum. Res. Code Ann. § 36.106 ; Wis. Stat.”
Nazari v. State, 497 S.W.3d 169 (Tex. App. 2016). “It is worth noting that the Human Resources Code specifies that "[a] person other than the state may not intervene or bring a related action based on the facts underlying a pending action brought under this subchap-ter” regarding actions brought by private parties.”
In Re Dr. Robert Tafel (Tex. 2026). · cites it 5× “Without deciding whether the first-to-file bar’s prohibition on “bring[ing] a related action” based on the same underlying facts is jurisdictional, see TEX. HUM. RES. CODE § 36.106, we consider its application as “a pure issue of law pertaining to the merits” of Bear Creek’s…”
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). · cites it 3× “12 Tex. Hum. Res. Code § 36.104(a) .........”
In Re AstraZeneca Pharm. LP v. the State of Texas (Tex. App. 2025). · cites it 3× “TEX. HUM. RES. CODE § 36.106. The rationale for the bar is simple: once the first action has been filed, the government has been placed on notice of allegations of fraud and can investigate.”
in Re Gilead Sciences, Inc. (Tex. App. 2021). “3d at 536–37 (quoting TEX. HUM. RES. CODE ANN. § 36.113(b)). Also, Section 36.”
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). “3 Tex. Hum. Res. Code § 36.106 ............”
State of Texas v. Alexandra Alvarez, Joshua LaFountain, & Dr. Christine Ellis, D.D.S. (txctapp15 2026). “at 513 (citing Tex. Hum. Res. Code § 36.106). The State asserted that being first to file was a TMFPA statutory prerequisite to suit and accordingly its immunity was not waived because Ellis and LaFountain did not comply with the statutory prerequisite.”
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