WV Supreme Court halts DHHR contract changes
The West Virginia Supreme Court has issued a stay that will keep the state’s Department of Health and Human Resources from implementing new provider agreements for 19 residential psychiatric care facilities for children as planned, after lawyers representing several of the agencies appealed a circuit court decision issued late last month.
Charles Johnson, an attorney for the residential facilities, said the DHHR has until Aug. 25 to respond to the Supreme Court’s stay, which halts changes the agency plans to make to its reimbursement rates to facilities, as well as the deadline that providers were given to sign the contracts, which was Monday, the same day the court announced the stay.
Lawyers for the facilities also filed a petition for a writ of mandamus, which the Supreme Court has not responded to. A writ of mandamus from the court could compel the DHHR to follow any recommendations it makes in the case.
The facilities appealed to the Supreme Court after Kanawha County Circuit Court Judge Tod Kaufman denied a request for injunctive relief made on behalf of seven youth-services agencies in the state on July 29, writing in his decision that lawyers for the agencies failed to justify their request for an injunction as an “emergency” and, therefore, did not give the required 30 days notice to the DHHR before filing.
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