Appellate Law

Supreme Court Enjoins Enforcement of Agency?s Data-Collection Method

By D. Todd Smith

The Texas Supreme Court issued one opinion with this week’s orders.  In El Paso Hospital District v. Texas Health & Human Services Commission (No. 05-0372), the Court granted the District’s motion for rehearing, withdrew the opinion issued on August 31, 2007, and substituted another in its place.

In both instances, the Court held that HHSC’s February 28 cutoff for gathering data for Medicaid patients was an agency rule and, because HHSC did not follow proper rule-making procedures, declared the rule invalid.  Originally, the Court “remanded the rule to [HHSC ] for further action.”  But the Court acted more decisively in the opinion on rehearing, ”revers[ing] the court of appeals’ judgment and render[ing] judgment declaring the rule invalid and enjoining its enforcement.”

In light of its new disposition, the Court remanded the case to the trial court for further proceedings, specifically a review of individual claims data excluded by the February 28 cutoff.

Full post as published by Texas Appellate Law Blog on February 22, 2008 (boomark / email).