HomeMy WebLinkAbout99-364 RESOLUTION biO. 99-364
A RESOLUTION OF THE MOHAVE COUNTY BOARD OF SUPERVISORS
AUTHORIZIbiG DESIGNATED HEALTH DEPARTMENT STAFF TO REPRESEbiT
MOHAVE COUNTY AT ARIZObiA HEALTH CARE COST CONTAINMENT SYSTEM
("AHCCCS") APPEAL PROCEEDINGS BEFORE THE STATE OF ARIZONA OFFICE
OF ADMINISTRATIVE HEARINGS ("OAH")
WHEREAS, in the past, the Arizona Health Care Cost Containment System
("AHCCCS") allowed Mohave County Department of Health and Social Services ("Health
Department") non-attorney staf£to represent Mohave County at all AHCCCS appeal
proceedings, including, but not limited to, member appeals, grievances, and challenges
(collectively, "AHCCCS Appeal Proceedings"); and
WHEREAS, for a number of years, the non-attorney Health Department staff have
represented Mohave County at such AHCCCS Appeal Proceedings effectively and efficiently,
with a need to refer cases to the County Attorney's Office only on a limited basis on complicated
matters; and
WHEREAS, as of July 1, 1999, the State of Arizona transferred AHCCCS Appeal
Proceedings to the State of Arizona Office of Administrative Hearings ("OAH"), and OAH took
the position that then current Arizona Supreme Court Rule 31 (a)(4) prohibited non-attorney staff
fi.om representing counties at AHCCCS Appeal Proceedings, because it prohibited the
unauthorized practice of law and did not provide an exception for AHCCCS Appeal Proceedings
heard by the OAH, which would permit such representation; and
WHEREAS, OAH successfully petitioned the Ar/zona Supreme Court to amend Arizona
Supreme Court Rule 3 l(a)(4) to include an additional exception for OAH proceedings, which
resulted in the Arizona Supreme Court issuing its Order, dated June 17, 1999, amending Arizona
Supreme Court Rule 31(a)(4) to permit, in proceedings before OAH, a legal entity to be
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"represented by a full-time officer, partner, member or manager of a limited liability company, or
employee, provided that: [1] the legal entity has specifically authorized such person to represent
it in the particular matter; [2] such represent~ttion is not the person's primary duty to the legal
entity, but secondary or incidental to other duties relating to the management or operation of the
legal entity; and [3] the person is not receiving separate or additional compensation (other than
reimbursement for costs) for such representation;" and
WltEREAS, the Health Department and County Attorney's Office have requested that
the Mohave County Board of Supervisors authorize the following individuals to represent
Mohave County at all AHCCCS Appeal Proceedings before OAH: (1) Patricia M. Pope,
Program Manager for the AHCCCS Division of the Health Department; (2) Bruce Leeming,
Eligibility Assurance Reviewer; and (3) Kim Pederson, Eligibility Supervisor; and have advised
the Board of Supervisors that these individuals Satisfy the second and third elements set forth in
subsection K of Arizona Supreme Court Rule 31 (a)(4), as amended bY Arizona Supreme Court
Order, dated June 17, 1999, which elements are set forth in the preceding paragraph; and
WHEREAS, the Mohave County Board of Supervisors has determined that it is in the
best interests of the citizens of Mohave County to authorize such nonNattomey representation in
AHCCCS Appeal Proceedings before OAH,
NOW TItEREFORE BE IT RESOLVED, that the Mohave County Board of
Supervisors hereby finds that the Health Department staff listed below in the paragraph
immediately following this paragraph are qualified to represent Mohave County in all AHCCCS
Appeal Proceedings before OAH under subsection K of Arizona Supreme Court Rule 31 (a)(4)
as, in each case, such representation is not the person's primary duty to Mohave County, but
secondary or incidental to other duties relating to the management or operation of Mohave
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County; and the person is not receiving separate or additional compensation (other than
reimbursement for costs) for such representation; and
BE IT FURTHER RESOLVED, that effective immediately th6 Mohave County Board
of Supervisors hereby authorizes the following non-attorney Health Department staff to represent
Mohave County in ail AHCCCS Appeal Proceedings before OAH:
1. Patricia M. Pope, Program Manager, AHCCCS Division of the Health Department;
2. Brace Leeming, Eligibility Assurance Reviewer; and
3. Kim Pederson, Eligibility Supervisor.
PASSED, APPROVED, AND ADOPTED ON THIS 9,o4~DAY OF SEPTEMBER,
1999.
~on, Chairman