Arkansas Blue Cross & Blue Shield v. Freeway Surgery Center

2023 Ark. App. 125

Opinion

Cite as 2023 Ark. App. 125 ARKANSAS COURT OF APPEALS No. CV-22-515

ARKANSAS BLUE CROSS Opinion Delivered March 1, 2023 AND BLUE SHIELD APPELLANT APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FIFTH V. DIVISION [NO. 60CV-21-2725] FREEWAY SURGERY CENTER; SCOTT SCHLESINGER, M.D.; FAIR PARK HONORABLE WENDELL GRIFFEN, SURGERY CENTER; CENTERVIEW JUDGE SURGERY CENTER; SOUTH ARKANSAS SURGERY CENTER; ADVANCED AMBULATORY SURGERY CENTER; EXECUTIVE PARK MONETARY SANCTION PURGED SURGERY CENTER OF FORT SMITH; GASTROENTEROLOGY AND SURGERY CENTER OF ARKANSAS; MOUNTAIN HOME SURGERY CENTER; HARRISON SURGERY CENTER; BOZMAN-HOF EYE CENTER; PHYSICIANS DAY A/K/A MCFARLAND EYE CENTER; SPRING CREEK SURGERY CENTER; TAYLOR PLASTIC SURGERY; SURGERY CENTER OF NORTHEAST TEXAS; ADVANCED INTERVENTIONAL PAIN MANAGEMENT; PRECISION SURGICAL OF NORTHWEST ARKANSAS; EXECUTIVE SURGERY CENTER OF LITTLE ROCK; CENTRAL ARKANSAS SURGERY CENTER A/K/A ARKANSAS SPINE AND PAIN; AND ARKANSAS CENTER FOR SURGICAL EXCELLENCE APPELLEES

AND

ALAN MCCLAIN, ARKANSAS INSURANCE COMMISSIONER INTERESTED PARTY PER CURIAM

In a recent opinion, this court accepted court reporter Neva Warford’s plea that she

engaged in contumacious behavior before this court. See Arkansas Blue Cross & Blue Shield

v. Freeway Surgery Center, 2023 Ark. App. 91. Having accepted her guilty plea, we issued

sanctions. One was a $3,000 monetary sanction against Ms. Warford. Id. We stated,

however, that it would be purged upon the completion of certain conditions. Id. Based on

the information now filed of record, we hold that Ms. Warford has met the conditions

needed to purge the $3,000 sanction that we conditionally imposed on 15 February 2023.

Consequently, the monetary sanction is hereby purged, and Ms. Warford has no obligation

to pay any sum in this case.

GRUBER, J., not participating.