Permiacare, Ramora Thomas in Her Capacity as Executive Director of Permiacare and Todd Luzadder, in His Official as Director of Mental Health Services of Permiacare v. L. R. H.

CourtCourt of Appeals of Texas
DecidedJanuary 31, 2020
Docket08-19-00144-CV
StatusPublished

This text of Permiacare, Ramora Thomas in Her Capacity as Executive Director of Permiacare and Todd Luzadder, in His Official as Director of Mental Health Services of Permiacare v. L. R. H. (Permiacare, Ramora Thomas in Her Capacity as Executive Director of Permiacare and Todd Luzadder, in His Official as Director of Mental Health Services of Permiacare v. L. R. H.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Permiacare, Ramora Thomas in Her Capacity as Executive Director of Permiacare and Todd Luzadder, in His Official as Director of Mental Health Services of Permiacare v. L. R. H., (Tex. Ct. App. 2020).

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

PERMIACARE, RAMORA § THOMAS IN HER CAPACITY AS EXECUTIVE DIRECTOR OF § No. 08-19-00144-CV PERMIACARE, AND TODD LUZADDER IN HIS OFFICIAL AS § Appeal from the DIRECTOR OF MENTAL HEALTH SERVICES OF § 83rd District Court PERMIACARE, Appellant, § of Pecos County, Texas

v. § (TC #P-7934-83-CV)

L. R. H., § Appellee. §

JUDGMENT

The Court has considered this cause on the record and concludes there was error in that

part of the judgment related to the ultra vires claims (notice and opportunity to appeal, right to

participate in treatment plan, Medicaid billing, and acts outside of agents’ scope of activity). We

therefore reverse that part of the order on the plea to the jurisdiction.

We further order that the judgment of the court below is affirmed on the federal ADA and

Rehabilitation Act claims. We therefore affirm the trial court’s order on these claims and remand

the cause for further proceedings in accordance with our opinion.

We further order that Appellee recover from Appellant and its sureties, if any, for

performance of the judgment and all costs, both in this Court and the court below, for which let execution issue. See TEX.R.APP.P. 43.5. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 31ST DAY OF JANUARY, 2020.

JEFF ALLEY, Chief Justice

Before Alley, C.J., Rodriguez, and Palafox, JJ.

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Permiacare, Ramora Thomas in Her Capacity as Executive Director of Permiacare and Todd Luzadder, in His Official as Director of Mental Health Services of Permiacare v. L. R. H., Counsel Stack Legal Research, https://law.counselstack.com/opinion/permiacare-ramora-thomas-in-her-capacity-as-executive-director-of-texapp-2020.