Hanley v. Arkansas State Claims Commission

970 S.W.2d 198, 333 Ark. 159, 1998 Ark. LEXIS 275
Supreme Court of Arkansas·Decided May 7, 1998·No. 97-775·Published·Cited by 44 cases

Opinions

Annabelle Clinton Imber, Justice.

In this case, we are asked to determine whether the circuit court erred when it refused to issue either a writ of mandamus or a writ of certiorari ordering the Arkansas Claims Commission to dismiss a claim pending before it. We affirm the trial court’s denial of both writs.

The Arkansas Department of Human Services Division of Medical Services (DHS) is responsible for administering Medicaid in Arkansas. From July 1, 1991, until June 30, 1994, DHS established Medicaid reimbursement rates that were lower for out-of-state hospitals than for in-state hospitals. Texarkana Memorial Hospital, d/b/a Wadley Regional Medical Center, (“Wadley”), is an out-of-state hospital that was affected by this plan.

On April 8, 1996, Wadley filed a complaint before the Arkansas Claims Commission against Ray Hanley in his official capacity as Director of DHS. In its complaint, Wadley alleged that the 1991-1994 Medicaid reimbursement rates were invalid for several reasons,1 and thus it was entitled to $2,835,828, which is the amount the hospital would have received if it had been an in-state Medicaid provider. On April 26, 1996, DHS filed a motion to dismiss Wadley’s claim because the Commission did not have jurisdiction to hear it. The Commission denied DHS’s motion on September 11, 1996.

In response, DHS filed in the Pulaski County Circuit Court a petition for a writ of certiorari or a writ of mandamus ordering the Claims Commission to dismiss Wadley’s Medicaid claim. The trial court denied DHS’s petitions on April 11, 1997. In its order, the court found that it did not have jurisdiction to issue either a writ of mandamus or a writ of certiorari to the Claims Commission because it is an arm of the General Assembly. The court also found that even if it had jurisdiction, the writs were inappropriate because DHS had an adequate remedy of appealing the Commission’s decision to the General Assembly.

On appeal, DHS raises several arguments as to whether the Claims Commission has jurisdiction to hear Wadley’s Medicaid claim. The trial court did not rule on this issue, and thus we are precluded from considering it on appeal. See McQuay v. Guntharp, 331 Ark. 466, 963 S.W.2d 583 (1998); Slaton v. Slaton, 330 Ark. 287, 956 S.W.2d 150 (1997). Instead, the trial court only ruled as to whether it had jurisdiction to issue either a writ of mandamus or a writ of certiorari to the Claims Commission. Accordingly, we will limit our review to these two issues.

I. Writ of Mandamus

The first issue is whether the trial court erred when it denied DHS’s petition for a writ of mandamus. We will reverse a trial court’s ruling on a petition for a writ of mandamus only if there has been an abuse of discretion. Hicks v. Gravett, 312 Ark. 407, 849 S.W.2d 946 (1993); State v. Grimmett, 292 Ark. 523, 731 S.W.2d 207 (1987).

A writ of mandamus, as defined by Ark. Code Ann. § 16-115-101 (1987), is appropriate if the following two factors are established. First, the judiciary may issue a writ of mandamus to an executive or legislative officer only if the duty to be compelled is ministerial and not discretionary. Saunders v. Neuse, 320 Ark. 547, 898 S.W.2d 43 (1995); State v. Grimmett, supra. For example, in Wells v. Purcell, 267 Ark. 456, 592 S.W.2d 100 (1979), we held that a writ of mandamus could not be used to compel the legislature to adjourn the Seventy-Second General Assembly because the decision to continue the session was a discretionary matter. We have also held that although the writ cannot be used to control or review matters of discretion, it may be used to force an official to exercise that discretion. Saunders v. Neuse, supra; Thompson v. Erwin, 310 Ark. 533, 838 S.W.2d 353 (1989).

Second, the petitioner must show a clear and certain right to the relief sought, and the absence of any other adequate remedy. Redd v. Sossamon, 315 Ark. 512, 868 S.W.2d 466 (1994); Thompson v. Erwin, supra. In State v. Grimmett, supra, we distinguished that the alternative remedy must be adequate, and not merely plausible. We further explained that to be “adequate” the alternative remedy must be “plain and complete and as practical and efficient to the ends of justice and its proper administration as the remedy invoked.” Id. Thus, in several cases we have refused to issue a writ of mandamus where the petitioner had the adequate remedy of raising the issue on appeal. See, e.g., Gran v. Hale, 294 Ark. 563, 745 S.W.2d 129 (1988); Sexton v. Supreme Ct. Comm. on Prof'l Conduct, 297 Ark. 154-A, 761 S.W.2d 602 (1988).

We agree with the trial court that DHS has failed to establish both of these factors. In Fireman’s Insurance Co. v. Arkansas State Claims Commission, 301 Ark. 451, 784 S.W.2d 771 (1990), we held that the Claims Commission was an “arm of the General Assembly,” and that a party may only appeal the Commission’s rulings to the General Assembly. In 1997, the General Assembly codified the later determination by passing Act 33 of 1997 which declares that a “decision of the Arkansas State Claims Commission may be appealed only to the Arkansas General Assembly.” Codified at Ark. Code Ann. § 19-10-211 (Supp. 1997) (emphasis added). Because DHS is asking the judiciary to compel the Claims Commission to reverse its prior discretionary determination that it had jurisdiction to hear Wadley’s Medicaid claim, and DHS has the adequate remedy of appealing the Commission’s ruling to the General Assembly, we hold that the trial court did not abuse its discretion when it denied DHS’s petition for a writ of mandamus. Accordingly, we affirm this ruling.

II. Writ of Certiorari

The second issue is whether the trial court erred when it denied DHS’s petition for a writ of certiorari as defined by Ark. Code Ann. § 16-13-205 (Repl. 1994). We will reverse a trial court’s ruling on a petition for a writ of certiorari only if the court has abused its discretion. Ricci v. Poole, 253 Ark. 324, 485 S.W.2d 728 (1972).

It is well settled that certiorari lies only when it is apparent on the face of the record that there has been a “plain, manifest, clear, and gross abuse of discretion,” and there is no other adequate remedy. State v. Pulaski County Circuit Ct., 326 Ark. 886, 934 S.W.2d 915 (1996); Simpson v. Pulaski County Circuit Ct., 320 Ark. 468, 899 S.W.2d 50 (1995); Casement v. State, 318 Ark. 225, 884 S.W.2d 593 (1994). These principles apply when a petitioner claims that the lower court did not have jurisdiction to hear a claim or to issue a particular type of remedy. See King v.

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Hanley v. Arkansas State Claims Commission, 970 S.W.2d 198, 333 Ark. 159, 1998 Ark. LEXIS 275 (Ark. 1998).

970 S.W.2d 198 (Hanley v. Arkansas State Claims Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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