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Community Health Choice, Inc. v. Hawkins

In a single issue on appeal, appellant asserts that the trial court erred in denying its motion for summary judgment and in granting the Comissioner of Health and Human Services' because the commissioner failed to pay a valid, non-appealable administrative award from available funds. Government Code �2260.105's mandatory language requires payment of appellant's claim and leaves nothing to the commissioner's discretion; accordingly, mandamus is proper here. Austin Court of Appeals, No. 03-09-00203-CV, 06-18-2010

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OPINION

Appellant Community Health Choice, Inc. (“CHC”) sued appellees Albert Hawkins, Commissioner of Health and Human Services, (“the Commissioner”) and the Texas Health and Human Services Commission (“the Commission”)*fn1 seeking a writ of mandamus to compel the Commissioner to pay CHC $249,999 pursuant to an administrative award stemming from a breach-of-contract claim. The parties filed cross-motions for summary judgment. The trial court granted the Commissioner’s motion and denied CHC’s. In a single issue on appeal, CHC asserts that the trial court erred in denying its motion for summary judgment and in granting the Commissioner’s because the Commissioner failed to pay a valid, non-appealable administrative award from available funds. We will reverse the trial court’s order and remand the cause to the district court with instructions that it render judgment granting CHC’s requested mandamus relief.

FACTUAL AND PROCEDURAL BACKGROUND

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