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Published on June 28, 2024
Fort Worth's Cook Children's Battles Texas Health Commission Over $116 Billion Medicaid ContractsSource: Google Street View

In the latest friction between healthcare providers and the Texas government, Cook Children's Health Plan has stepped into the legal battleground, grappling with the Texas Health and Human Services Commission over a potential shake-up in Medicaid contracts. The Fort Worth-based health care system, along with two other children's health plans, are fighting to retain their roles as administers of Medicaid STAR and CHIP after a $116 billion Medicaid procurement process threatens to edge them out in favor of private, for-profit companies, according to a detailed report by The Texas Tribune.

This uproar springs from a proposed reorganization which eyes Cook Children’s Health Plan for removal in Tarrant service area alongside Texas Children’s Health Plan in Harris region, and Driscoll Health Plan in South Texas, the move would displace more than 700,000 families including pregnant women and children, forcing them to switch insurers by next year making it a point of contention for those who rely on the coverages these institutions have provided for the last two decades, and almost 1.8 million Texans are anticipating an unsettling transition if the current six managed care organizations are overhauled. Cook Children's, echoing sentiments of unease and urgency, has launched two lawsuits in Travis County, requesting declaratory judgment and injunctive relief and also a temporary restraining order to stall the procurement results, as disclosed in a news conference.

Rick W. Merrill, the president and CEO of Cook Children's Health Care System, described these legal actions as both "strong but necessary," standing steadfast in the organization's resolve to overturn what they perceive as an ill-conceived contract decision. "These actions we take are strong but necessary," Merrill stated, underscoring the gravity of the situation. Meanwhile, on the opposite end, Jennifer Ruffcorn, an HHSC spokesperson, maintained a tight-lipped stance due to ongoing litigation, hinting only that the contract dispute is unfinished business with her saying, "Although the (Request for Proposals) has been posted, responded to, and evaluated, it remains an open procurement until all protests and appeals submitted by respondents have been resolved and contracts have been executed."

As the future of the procurement process dangles on the pendulum of uncertainty, the decision to proceed or impede lies with HHSC Commissioner Cecile Erwin Young; a non-imminent decision in an atmosphere braced for the tangible impacts of such sweeping reforms, reiterating the weight of this pending resolution is Karen Love, President of Cook Children’s Health Plan she argued that the decision to remove these contracts is rooted in a "flawed process" that puts Texas families at the mercy of national for-profit insurance companies saying, “The State got it wrong, and we are asking the courts to make it right.” Furthering the discontent are representatives for Driscoll Health Plan, who reportedly appealed the state's decision, which, if upheld, could result in the loss of more than 500 jobs, Craig Smith, Driscoll Health Plan CEO told The Texas Tribune and ominously foreshadowed their readiness to sue if their appeal falls flat.

Superior HealthPlan has also chimed in with disapproval, stressing the potential for this to be the most disruptive member care event in Texas Medicaid history. All involved parties now hold their breath as the legal and procedural drama unfolds, knowing the decision could trigger Texas HHS's third botched attempt in six years to award critical contracts for Medicaid programs that affect the health insurance of countless low-income Texans.