The Health and Human Services Commission - Office of Inspector General has sent us a new form agreement they want us to execute. This is a written agreement pursuant to which local prosecutors receive payments from HHSC to help defray the costs of prosecuting cases referred by the HHSC-OIG (aka "welfare fraud" cases). I think the last time we signed an agreement with them was about 1994. Anyway, the new agreement they sent us includes some provisions that we would ordinarily object to, such as an indemnity provision. I'm assuming other prosecutor offices have been asked to enter into the same form agreement. If so, did you sign it "as is" or were you able to get HHSC-OIG to make any changes?

[This message was edited by Jim Connolly on 01-04-11 at .]

Jim I have reviewed the contract and will not sign it in its current form. I talked with Shannon this morning about this and indicated if a lot of us have problems with it to let him know and they may be able to help out from the association level. It requires county judge to sign as well which means commissioners have to approve, and I can tell you my county commissioners will not vote to sign it in its current form.

If anyone else has reviewed the agreement and has issues or contacted the Texas Health and Human Services Commission about this please reply.

15 E. Tarrant not the DA can do this.
16 B. CDA must defend a State Agency and indemnify the State.
16 C, D and E seem to abrogate our open file discovery policy, the records policy of the Commissioners Court. (Generically, I did not know that investigations of these crimes by HHSC are confidential and not subject to disclosure under subpoena?)
16 F. Broadly interpreted would require every discovery request to mandate notice to the OIG.
But I have to go to lunch. No, I have not contacted the author of this little ditty.