BATON ROUGE (AP) — A Louisiana judge has ruled that state attorneys must testify about how the decision was reached to cancel a nearly $200 million Medicaid contract.
The Advocate’s Marsha Shuler reports that 19th Judicial District Court Judge Tim Kelley made the ruling Tuesday after Client Network Services Inc. sought to depose lawyers from the Jindal administration as well as state assistant attorneys general.
CNSI attorney Michael McKay says they want to know more about events and discussions that led up to the decision, arguing that important details about the decision remain murky.
Commissioner of Administration Kristy Nichols previously testified that she canceled the contract based on the advice of counsel.
McKay said Nichols' testimony opens the door for lawyers to be deposed and that there was no other way to get additional information about the decision than to go to the lawyers.
"We do not know why the decision was made so hastily," McKay said. "We are entitled to know what you (lawyers) knew that led to the recommendation."
CNSI sought to depose Elizabeth Murrill, Nichols' then-executive counsel; Lesia Warren, then-administration general counsel; Thomas Enright, Gov. Bobby Jindal's executive counsel; and assistant attorneys general Trey Phillips and Rick McGimsey.
The Medicaid claims processing contact ended in March 2013 after the administration received word of a federal grand jury probe into the contract's award, the Advocate reports. Nothing happened on the federal level, but a state grand jury indicted former state Department of Health and Hospitals Bruce Greenstein on a series of perjury charges related to his role in the contract's award.
Richard Zimmerman, who represents the Division of Administration, said lawyers should not be required to testify about their involvement in the decision-making process because the attorney-client privilege is protected.
Judge Kelley dismissed the argument that attorney-client privilege should bar a testimony.
