Woman says WVDHHR wrongfully removed her from program

CHARLESTON – A woman is suing the West Virginia Department of Health and Human Resources after she claims it wrongfully removed her from one of its programs.

In January 2009, Tabitha R. Jeffries, who is doing business as Pediatric Therapy Services, signed a Service Coordinator Agreement wherein she agreed to serve as a service coordinator for the WVDHHR Bureau for Public Health-Office of Maternal, Child and Family Health/WV Birth to Three program, according to a complaint filed Nov. 21 in Kanawha Circuit Court.

Jeffries claims on Sept. 27, 2011, she received a certified letter from Pamela Roush, director of the program, disenrolling her from the program, effective Oct. 4, 2011.

The reasons given by the defendant for disenrolling Jeffries were that she failed to meet the requirements for maintaining the integrity of the Individualized Family Service Plan process and that she failed to meet the requirements for complying with federal laws, according to the suit.

Jeffries claims on Sept. 29, 2011, she e-mailed Roush to respond to the allegations and provided facts that directly addressed and contradicted the allegations. She claims she also requested a proper investigation into the allegations, but Roush never responded to the email.

The defendant negligently failed to conduct a competent, impartial and/or thorough investigation into the issues that led to Jeffries’ disenrollment, according to the suit, and the defendant’s disenrollment of Jeffries from the program constitutes an unjustified breach of contract.

Jeffries is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Kevin T. Tipton.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 12-C-2330