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HAWKINS v. EL PASO FIRST HEALTH PLANS, INC.

No. 03-04-00663-CV.

214 S.W.3d 709 (2007)

Albert HAWKINS, Executive Commissioner of the Texas Health and Human Services Commission; the Texas Health and Human Services Commission; Anne Sapp, acting Commissioner of the Texas Department of Human Services; and the Texas Department of Human Services, Appellants, v. EL PASO FIRST HEALTH PLANS, INC. and Community Health Choice, Inc., Appellees.

Court of Appeals of Texas, Austin.

January 11, 2007.

Attorney(s) appearing for the Case

Edwin N. Horne, Asst. Atty. Gen., General Litigation Division, Austin, for appellants.

Elizabeth G. Bloch, Brown McCarroll, L.L.P., Austin, for appellees.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

W. KENNETH LAW, Chief Justice.

This appeal arises from a dispute about whether the Texas Health and Human Services Commission is responsible for disenrolling underweight newborns from the appellees' managed care plans because the newborns are ineligible to participate and/or be mandatorily enrolled in the appellees' plans based on the newborns' eligibility to receive supplemental security income (SSI) benefits.

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