in Re Xerox Corporation and Xerox State Healthcare, LLC F/K/A Acs State Healthcare, Llc

In this mandamus proceeding, we consider whether the proportionate-responsibility scheme in Chapter 33 of the Texas Civil Practice and Remedies Code 1 applies to a civil-remedy action under the Texas Medicaid Fraud Prevention Act (TMFPA). 2 The trial court held Chapter 33 inapplicable, struck the relators' third-party petition seeking contribution under Chapter 33, and denied the relators' motion to designate responsible third parties. 3 The court of appeals denied mandamus relief, 4 as do we. Chapter 33 does not apply to a TMFPA action because (1) the statutory remedy does not constitute…