Judge hearing TennCare case shows impatience with pace of testimony
NASHVILLE — The judge who will decide whether the state can cut 323,000 people from TennCare is showing frustration with the pace of testimony that began Monday.
U.S. District Court Judge William J. Haynes has said more than once that he thinks state officials and lawyers representing TennCare enrollees should be able to settle their differences outside the courtroom.
Since the hearing began, Haynes’ impatience has often shown through his mannerisms. When he’s not turned away from the court in his chair, he takes a slight tone with lawyers when they object, and on Thursday briefly rested his head on the bench.
Apparently frustrated by what he thought to be improper procedures by attorneys, Haynes took a moment before Thursday’s hearing to give them a refresher course in law.
“The Court feels the necessity to restate some basic rules,” the judge said. “If you have an objection, state the ground for your objection succinctly, hearsay, lack of authentication or the particular rule that you are relying upon. A general objection, simply to say objection, under the law, is no objection at all and can be overruled.”
One state attorney has a tendency to say his thanks more than once when he wins an objection. When he did so Thursday, Haynes responded, “No need to thank me.”
Haynes has told both parties he wants to get to the bottom of the proposal for disenrollment and make sure the state has considered all alternatives.
TennCare serves about 1.3 million people — nearly 23 percent of the state’s population. The federal government funds about two-thirds of the expanded Medicaid program’s $8 billion budget.
The state has argued that drastic reform is necessary because keeping TennCare intact would require $650 million more in state spending — requiring deep cuts in almost every other budget area.
Among other things, Haynes also wants to know whether administration officials and lawyers for TennCare bargained in good faith, and whether the state’s proposed TennCare changes are “suitably tailored” to any changed circumstances the state is now facing — such as the current fiscal crisis.
The judge has been criticized by state officials for overstepping his authority in calling for the hearing and for putting enrollment cuts on hold until its completion.
Thursday’s hearing continued with TennCare Director J.D. Hickey being cross-examined for a third day by attorney Gordon Bonnyman of the Tennessee Justice Center, the main advocate for enrollees targeted to be cut.
He questioned Hickey about dates on which state officials supposedly met prior to the decision for disenrollment. In particular, he wanted to know whether Hickey attended the meetings that involved alleged “litigation strategies” with lawyers concerning the Tennessee Justice Center and long-standing consent decrees.
Hickey testified that he wasn’t a part of such meetings, saying his “primary role was to evaluate and put together options.”