Texas State Capitol building at 1100 Congress Ave. in downtown Austin, TX. Photo: Dennis Burnett for ALM

Texas Attorney General Ken Paxton launched an investigation into Superior HealthPlan, one of the state's Medicaid providers, after the CEO admitted during a public hearing that the company had spied on Texans.

Tae Andrews, senior counsel at Calfee, Halter & Griswold said "underhanded maneuvers" like this reinforce some people's distrust of insurance companies, seen on full display when many Americans celebrated the killing of UnitedHealthcare CEO Brian Thompson.

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At a public hearing on Wednesday before the Texas Committee on Delivery of Government Efficiency, Texas representatives grilled the CEO of Superior HealthPlan, Mark Sanders, for emails allegedly showing he had hired private investigators to watch state representatives, a journalist and private citizens seeking health care coverage.

"I don't think what any of us expected was for a health insurance company that is funded mostly by Texas taxpayer dollars would use some of those monies to hire private investigators," chair of the committee Rep. Giovanni Capriglione said.

The private investigations Sanders orchestrated allegedly began in 2017. Sanders said the company does not engage in this practice anymore.

"We've done what I would call general research," Sanders said during the hearing. "Anything that's publicly available."

On Thursday, Sanders was fired, according to the Dallas Morning News. Superior HealthPlan did not respond to a request for comment.

Paxton announced he would investigate the company, stating: "Justice will be served."

"The allegations concerning Superior’s actions, such as actions that were characterized as potentially blackmailing lawmakers to secure state contracts and surveilling private citizens to avoid paying legitimate claims, are deeply troubling," Paxton said. "I will get to the bottom of this, uncover any illegal activity, and hold bad actors responsible."

Tae Andrews, a policyholder insurance recovery attorney, said he has seen insurance companies use many strategies to deny, delay or underpay coverage, but he has never seen them allegedly surveil people in this manner.

"An insurance company is entitled to investigate a claim," Andrews said. "But if you're hiring private investigators to spy on people and potentially blackmail them to influence policy is, frankly, insane. It just shows how much money and power insurance companies have."

If Paxton's investigation concludes these claims are true, Andrews said the Texas attorney general should make an example out of the insurance company "to deter other insurance companies from trying these nefarious tactics."

"Sunlight is the best disinfectant," Andrews said. "This is unfair. This reeks of corruption. ... There's no place for this in a healthy, functioning democracy."

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Emily Cousins

I'm a litigation reporter for Connecticut Law Tribune, covering litigation wins, verdict news, settlements, interesting cases, etc. Contact me with tips at [email protected].