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The University of Texas Southwestern Medical Center at Dallas v. Gentilello

Tx. Sup. Ct.

March 13, 2013

A doctor working for a health center that served a hospital was stripped of his faculty chair positions after telling his supervisor he believed practices at the hospital violated Medicare and Medicaid procedures. The health center contends that the doctor's whistleblower suit is barred by governmental immunity. For a plaintiff to satisfy the Texas Whistleblower Act's good-faith belief provision, the plaintiff must reasonably believe the reported-to authority possesses what the statute requires: the power to 1. regulate under or enforce the laws purportedly violated, or 2. investigate or prosecute suspected criminal wrongdoing. The court of appeals' judgment is reversed and the suit is dismissed. Texas Supreme Court, No. 10-0582, 02-22-2013.

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