CHARLESTON – The state Department of Health and Human Resources has sued two circuit court judges for overstepping their bounds by ordering the agency to make direct provider payments within 15 days.
In March, the DHHR filed Petitions for Writs of Prohibition with the state Supreme Court seeking to prohibit enforcement of administrative orders from Marion Circuit Judge David R. Janes and Preston Circuit Judge Steven L. Shaffer that required the agency to make direct payments to any socially necessary service providers involved in current or future abuse and neglect proceedings in those respective counties within 15 days of entry of such an order.
The DHHR says it has been placed in an “untenable position” of possibly violating court orders if the payment can’t always been made within the “arbitrary, narrow timeframe.”
The DHHR says the underlying problem is because of a technical issue created by the transition to new billing software. It says the problems are being fixed but haven’t been solved yet.
“Until such time as the current PATH system and Atrezzo platform can properly communicate, this court orders that the local Child Protective Services workers and/or supervisors shall provide an authorization letter to any socially necessary service provider that specifically guarantees payment in full for all services deemed necessary in the current abuse and neglect proceeding without an authorization number being listed in the PATH or Atrezzo systems,” Janes wrote in his February administrative order.
Shaffer’s order used similar language, noting that some service providers had stated “they cannot provide services if their invoices are not timely paid.”
On February 28, the DHHR filed Motions to Vacate and to Stay the judges’ administrative orders on the grounds that they exceed the courts’ jurisdictional authority, violate the state Constitution’s Separation of Powers Doctrine and improperly attempt to modify terms of the contracts between the DHHR and service providers.
Because the judges have not vacated their administrative orders, the DHHR says it has been placed in the “impossible position” of not being able to guarantee compliance with the court orders and risks being in contempt.
The DHHR believes the circuit court judges committed an error and exceeded their powers by entering the administrative orders directing the agency to make the direct payments to providers within 15 days, and it is asking the state Supreme Court to decide those issues.
It wants the justices to issue writs to prohibit the execution of the circuit judges’ administrative orders.
On April 27, the Supreme Court consolidated the cases for purposes of consideration and decision. It also has retained Marc Williams of Nelson Mullins to represent the judges, and he was directed to file a response to the petitions by May 19.
The DHHR is being represented by Lou Ann S. Cyrus, Natalie C. Schaefer and Shannon M. Rogers of Shuman McCuskey Slicer in Charleston and by Deputy Attorney General Steven R. Compton, who is director of the Health & Human Resources Division.
