TEX. HEALTH v. ADVOCATES FOR PATIENT ACCESS

Nos. 03-12-00354-CV, 03-12-00606-CV.

399 S.W.3d 615 (2013)

TEXAS HEALTH AND HUMAN SERVICES COMMISSION; Tom Suehs, in his official capacity as the Commissioner of Health and Human Services; and Billy Millwee, in his official capacity as the Texas State Medicaid Director, Appellants, v. ADVOCATES FOR PATIENT ACCESS, INC.; John Doe A, by and through his next friend, Laura Garza; John Doe B, by and through his next friend, Nayeli Garza; and Jane Doe A, by and through her next friend, Isabel Tijerina, Appellees. Texas Health and Human Services Commission; Tom Suehs, in his official capacity as the Executive Commissioner of Health and Human Services; and Billy Millwee, in his official capacity as the Texas Medicaid Director, Appellants, v. Advocates for Patient Access, Inc.; John Doe A, by and through his next friend, Laura Garza; John Doe B, by and through his next friend, Nayeli Garza; and Jane Doe A, by and through her next friend, Isabel Tijerina, Appellees.

Court of Appeals of Texas, Austin.

March 26, 2013.


Attorney(s) appearing for the Case

Thomas A. Albright , Assistant Attorney General, General Litigation Division, Austin, TX, for Appellants.

Thomas H. Watkins , Mark D. Chouteau , Elizabeth G. Bloch , Michael R. Crowe , Brown McCarroll, LLP, Austin, TX, for Appellees.

Before Chief Justice JONES, Justices GOODWIN and FIELD.


OPINION

J. WOODFIN JONES, Chief Justice.

In these two interlocutory appeals, the Texas Health and Human Services Commission, Tom Suehs in his official capacity as the Commissioner of Health and Human Services, and Billy Millwee in his official capacity as the Texas State Medicaid Director (collectively, "HHSC") appeal (1) a temporary-injunction order issued on behalf of Advocates for Patient Access, Inc. and others1 (collectively...

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