Cecile Erwin Young, in Her Official Capacity as the Executive Commissioner of the Texas Health and Human Services Commission v. Cook Children's Health Plan, Texas Children's Health Plan, Superior HealthPlan, Inc., and Wellpoint Insurance Company

Summary

This document is Appellees’ joint reply in support of motions for rehearing concerning Rule 29.3 motions in an interlocutory appeal involving the Texas Health and Human Services Commission’s managed-care procurement. Appellees argue that the court should reinstate the trial court’s temporary injunction or extend an administrative stay to prevent imminent irreparable harm, preserve appellate jurisdiction, and prevent execution of allegedly unlawful contracts before merits review. They also contend that a temporary standstill agreement should not substitute for a full analysis of irreparable harm and appellate-injunction authority.

Questions Presented

1. Whether the court of appeals should grant rehearing and reconsider the denial of appellees' Rule 29.3 motions based on the alleged imminent and irreparable harm from execution of the procurement contracts.
2. Whether the court of appeals should reinstate the trial court's temporary injunction pending resolution of the appeal.
3. Whether the court of appeals should issue an injunction under Texas Government Code section 22.221(a) to protect its jurisdiction without requiring a showing of irreparable harm.
4. Whether the court of appeals should extend its administrative stay pending disposition of appellees' mandamus petitions in the Texas Supreme Court.

Disposition

other