Arkansas Department of Human Services v. Ledgerwood

The Supreme Court reversed the circuit court's order holding the Arkansas Department of Human Services (DHS) in contempt but dismissed DHS's appeal of a temporary restraining order enjoining its emergency rule, holding that DHS did not violate the express terms of the circuit court's preliminary injunction order by promulgating the emergency rule and that the appeal from the temporary restraining order was moot.The Supreme Court previously upheld the circuit court's temporary restraining order enjoining the 2015 ARChoices Medicaid waiver rule as applied to the named plaintiffs. On remand, the circuit court entered a permanent injunction against the program, and DHS was permanently enjoined from using the methodology embraced by that rule unless it was "properly promulgated." Thereafter, DHS promulgated an emergency rule utilizing the same methodology. The circuit court entered a temporary restraining order against the rule and held DHS in contempt of its permanent injunction order, concluding that DHS failed to provide notice and an opportunity for public comment during the adoption of the emergency rule. The Supreme Court disagreed, holding (1) the emergency rule was properly promulgated under the Administrative Procedure Act's emergency rule making provision; and (2) therefore, DHS did not violate the express terms of the circuit court's permanent injunction order when adopting the emergency rule. View "Arkansas Department of Human Services v. Ledgerwood" on Justia Law