A fight between Blue Cross and HMA has turned to a legal battle with the Governor. The insurance company is now seeking a temporary restraining order in federal court.
"The argument is the governor, through the issuance of the executive order, violated the constitutional rights of Blue Cross," explained David Kaufman, the attorney representing Blue Cross Blue Shield.
Insurance Commissioner Mike Chaney has also wedged his way in. He filed a motion requesting to intervene in the lawsuit. His position sides with Blue Cross, in that he believes the Governor took over the authority of the insurance department. John Corlew represented Chaney in the courtroom.
"I'm not going to answer any questions. All our arguments are on paper filed with the court, we made with the court," said Corlew as he was leaving the courthouse.
But inside the courtroom, Corlew said it was Chaney who was elected by the people to regulate insurance matters, not Phil Bryant. He believes the executive order made it look like Chaney wasn't doing his job.
"He's got his job to faithfully perform the duties of the law and that's what he's doing," Corlew said about Chaney.
The state pointed to the joint legislative committee hearing that was held in September. They say those testimonies are part of the evidence of harm caused by placing the HMA hospitals out of network. Yet, Blue Cross argues that wasn't an official hearing.
"There's no basis whatsoever to issue the order. We were denied procedural and due process rights. Had no hearing," said Kaufman.
Still, the attorney for the state says federal court isn't the right place to argue whether the governor overstepped his authority.
Judge Henry Wingate plans to make a ruling on Monday. The reinstatement the Governor ordered is set to take place on Tuesday without the temporary restraining order.
Monday, September 15 2014 5:39 PM EDT2014-09-15 21:39:25 GMT
Horrific details of a southern Indiana homicide were released Monday, including allegations that Joseph Oberhansley ate portions of Tammy Jo Blanton's brain, heart and lungs after stabbing her to death.More >>
Horrific details of a southern Indiana homicide were released Monday, including allegations that Joseph Oberhansley ate portions of Tammy Jo Blanton's brain, heart and lungs after stabbing her to death. More >>
While you were sleeping, the Internet never stopped… Here's what's trending today. Mobile user? Click here to watch: Girl doesn't recognize clean-shaven father A father shaving his beard brings hisMore >>
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Tuesday, September 16 2014 12:12 AM EDT2014-09-16 04:12:02 GMT
The Madison County Sheriff's Department has made an arrest of a drug dealer who has allegedly been distributing 25i, the synthetic LSD. Madison County Sheriff Randy Tucker says that Kaleb K. ChhabraMore >>
Drug agents say synthetic drugs are becoming more popular in Mississippi, including one called 25i, also known as a synthesized form of LSD.More >>
Thursday, September 11 2014 2:31 AM EDT2014-09-11 06:31:36 GMT
Miss Mississippi, Jasmine Murray competed in swimsuit and evening wear preliminaries Tuesday night. The winners in the first night of preliminary competition were, Miss Ohio, Mackenzie Bart in Talent,More >>
Wednesday night it was Talent night where Miss Mississippi sang, Something's Gotta Hold On Me, which she also sang at the Miss Mississippi Pageant in July.More >>