Texas Health & Human Services Commission v. McMillen, 483 S.W.3d 576

McMillen, an attorney with 20+ years of experience, worked for HHSC OIG as Deputy Counsel from Nov 2009 to Apr 2012 and was placed on administrative leave Jan 2012, terminated Apr 2012.
McMillen sued HHSC and HHSC Executive Commissioner in July 2012, alleging Texas Whistleblower Act and Texas Constitution free-speech violations.
UK: He claimed termination and retaliation due to a June 2011 memorandum advising HHSC/OIG to cease accepting certain Medicaid repayments.
The memorandum drew on a 1997 HHS/Center for Medicaid and State Operations letter and a California class action; copies were shared internally in 2011–2012.
OIG Internal Affairs investigated McMillen’s allegations and found them unsubstantiated; HHSC filed a plea to the jurisdiction with Nelson’s affidavit.
Trial court denied the plea; appellants appeal challenging jurisdiction over both whistleblower and free-speech claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether McMillen’s whistleblower claim shows jurisdictional violation	McMillen alleged a violation of the Whistleblower Act	McMillen failed to show an ‘appropriate law enforcement authority’ and good faith under §554.002	Whistleblower claim lacks jurisdiction; recipients not an appropriate authority and no good-faith report.
Whether McMillen’s Texas free-speech claim has jurisdiction	McMillen’s speech implicated a matter of public concern	Speech was made as part of official duties; not protected under Garcetti	Free-speech claim dismissed for lack of jurisdiction; Garcetti applicable.

Lueck v. State, 290 S.W.3d 876 (Tex. 2009) (immunity and Whistleblower Act elements are jurisdictional)
Needham v. Texas Dept. of Transportation, 82 S.W.3d 314 (Tex.2002) (defining ‘appropriate law enforcement authority’ under §554.002)
Gentilello v. University of Texas Sw. Med. Ctr., 398 S.W.3d 680 (Tex.2013) (limits on internal enforcement as ‘appropriate law enforcement authority’)