Based on the results of investigative findings and evidence that potential fraud or abuse exists and a potential overpayment, penalty, or damage has been identified, a method that may be used by the Inspector General, as a fiduciary for the state, is injunctive relief. The purpose of the injunctive relief is to ensure assets remain to reimburse the state monies owed such as recoupment of overpayments and assessed damages and penalties. The Inspector General may request that the Attorney General obtain an injunction to prevent a provider or person from disposing of an asset identified by the Inspector General as potentially subject to recovery by the Inspector General due to the provider's or person's fraud or abuse. Upon final resolution of the case, any funds derived from the forfeited asset(s), after offsetting any expenses attributable to the sale of those assets, will be applied, by the Inspector General, to the unpaid debt.

Source Note:The provisions of this §371.25 adopted to be effective January 9, 2005, 29 TexReg 12128.