Judge Sets Final Amount of Medicaid Funds to be Returned to Texas Dentist at $1.25 Million

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Travis County District Court Judge Amy Clark Meachum in a final order has directed the Texas Health and Human Services Commission's Executive Commissioner Dr. Kyle Janek and Inspector General Douglas Wilson to return $1,255,195.20 in withheld Medicaid funds to Harlingen Family Dentistry

The Court ISSUES this writ of mandamus, directed to Respondents Dr. Kyle Janek and Doug Wilson in their official capacities, commanding them to immediately take all necessary action to release to Harlingen Family Dentistry, P.C. the sum of $1,255,195.20

Travis County District Court Judge Amy Clark Meachum has issued a final order granting a writ of mandamus and directing Dr. Kyle Janek, the Executive Commissioner of the Texas Health and Human Services Commission, and Douglas Wilson, the HHSC Inspector General to return exactly $1,255,195.20 to Harlingen Family Dentistry (HFD), a south Texas dental Medicaid provider (Travis County District Court Cause No. D-1-GN-13-001557).

Late last month, Judge Meachum had sent a letter to the litigants that she had reached a decision and would be issuing a final order.

That order was released on Wednesday and states:

AMENDED FINAL JUDGMENT AND WRIT OF MANDAMUS

On May 29, 2013, the Court heard Petitioner’s First Amended Petition for Mandamus and Respondents’ Plea to the Jurisdiction. All matters in controversy, legal and factual, were submitted to the Court for its determination. After considering the First Amended Petition for Mandamus, the Plea to the Jurisdiction, the response, the reply, the evidence, all other pleadings and the arguments of counsel, the Court:

GRANTS the Petitioner’s First Amended Petition for Mandamus, and

DENIES the Respondents’ Plea to the Jurisdiction.

Accordingly, the Court ISSUES this writ of mandamus, directed to Respondents Dr. Kyle Janek and Doug Wilson in their official capacities, commanding them to immediately take all necessary action to release to Petitioner Harlingen Family Dentistry, P.C. the sum of $1,255,195.20, which represents 91% of the $1,379,335.43 improperly sequestered as a result of the payment hold imposed September 11, 2011 through the effective date of the final order in HHSC Cause No. 12-0789K.

All relief requested by any party but not expressly granted is denied. This judgment finally disposes of all claims and all parties. The Court directs the clerk to prepare a writ commanding Respondents Dr. Kyle Janek and Doug Wilson in their official capacities to immediately take all necessary action to release to Petitioner Harlingen Family Dentistry, P.C. the sum of S1,255,195.20.

This Amended Final Judgment and Writ of Mandamus supersedes the Final Judgment and Writ of Mandamus signed on October 2, 2013 at 9:24 a.m.

Signed this 2nd day of October, 2013.

Amy Clark Meachum
Judge Presiding

More documentation on this case is available at TDMR.org.

Harlingen Family Dentistry is based in Harlingen, Tx, and includes 13 dentists along with 130 staff. Started in 1983 by Dr. Juan Villarreal, a former appointee of Governor Perry to the Texas Board of Dental Examiners, HFD's mission has been to provide its clients with the highest quality and most up-to-date dental care at affordable prices. HFD also strives to build strong ties to the community through educational programs, youth sponsorship, and scholarship programs as well as working with our multiple charitable organizations and outreach programs.

HFD's "Willy the Walrus" dental education program has reached over 50,000 youth in the Rio Grande Valley, and stresses the importance of oral hygiene.

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