McMillen v. Tex. Health & Human Servs. Comm’n (Per Curiam)
Annotate this CaseMichael McMillen, an attorney who served as Deputy Counsel for the Texas Health and Human Services Commission’s Office of the Inspector General (OIG), prepared a memorandum concluding that the Commission’s practice of obtaining payments from certain recipients of Medicaid benefits lacked legal justification. McMillen submitted the memorandum to the Deputy Inspector General for the Commission and asserted that he made a noter report to the head of the OIG Internal Affairs Division and to the Commission’s Executive Commissioner. McMiller was later terminated. McMillen sued the Commission and its Executive Commissioner under the Whistleblower Act, alleging retaliatory discharge. Defendants filed a plea to the jurisdiction, arguing that McMillen’s allegations were not sufficient to invoke the Act and waive immunity. The trial court denied the plea. The court of appeals reversed, concluding that McMillen did not report to an appropriate law-enforcement authority under the Act. The Supreme Court reversed, holding that the reported-to persons in this case were an appropriate law-enforcement authority under the Act. Remanded.
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