attorney john mullen representing the west volusia hospital authority
BEACON PHOTO/NOAH HERTZ
LEGAL ARGUMENTS — Attorney John Mullen, left, representing the West Volusia Hospital Authority, states his case for the taxing district not paying the $2.5 million Volusia County has asked it contribute toward Medicaid fees. At right is Seventh Judicial Circuit Court Judge Kathryn Weston.

A circuit court judge sided with Volusia County June 2 in an order that the West Volusia Hospital Authority pay some $2.5 million in Medicaid reimbursement fees despite the Hospital Authority’s challenges

Seventh Judicial Circuit Court Judge Kathryn Weston denied the Hospital Authority’s motion to dismiss Volusia County’s writ of mandamus, an order demanding government entities fulfill their duties as written in law. 

While the Hospital Authority is challenging whether they should be held responsible for paying a chunk of the county’s Medicaid portion on account of no longer owning a hospital, Volusia County argued “time is of the essence” when it comes to getting paid back.

“They are the recalcitrant government entity,” attorney Kevin Bledsoe, representing Volusia County, said, referencing another legal case. “They should be commanded to pay their share.”

Attorney John Mullen, representing the West Volusia Hospital Authority, sought to dismiss Volusia County’s writ of mandamus, arguing it was improper to use the writ for demanding money that the special taxing district was arguing it need not pay anyway.

The judge ruled in the county’s favor, giving the Hospital Authority 35 days to pay the Medicaid fees for the 2021-22 fiscal year. 

Asked whether Mullen intended to challenge the judge’s decision, he said he would, on behalf of the special taxing district, “consider all of its options going forward.” 

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