Here is the final judge’s order directing the Texas Health and Human Services Commission’s Executive Commissioner Dr. Kyle Janek and Inspector General Doug Wilson to return $1,255,195.20 to Harlingen Family Dentistry.
The order can be downloaded here.
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 2 day of October, 2013.
Amy Clark Meachum
Judge Presiding