Rutledge Commends the EPA for Not Penalizing Race Car IndustryFri, Apr 15, 2016
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge applauded the Environmental Protection Agency (EPA) after it removed language from a proposed rule that would have expanded the EPA’s statutory jurisdiction under the Clean Air Act to cover vehicles modified solely for racing or competition. Moving forward with this language would have put the rule in conflict with the intent of Congress under the Clean Air Act.
“I applaud the EPA for recognizing that Congress made it clear that vehicles used for racing purposes are not regulated under the Clean Air Act,” said Attorney General Rutledge. “The EPA has listened to the concerns raised by attorneys general from across the country and will not move forward with attempting to regulate vehicles built or modified for racing purposes. This decision will help protect an industry that consumers have spent billions of dollars in, purchasing automotive specialty equipment parts and accessories.”
Rutledge and attorneys general from Alabama, Georgia, Louisiana, Michigan, Nevada, Ohio and West Virginia sent a letter to Administrator Gina McCarthy this month raising concern about the phrase contained in the rule, “used solely for competition,” which would have reversed a longstanding practice of the EPA not to regulate this industry.
Rutledge, 24 Other Attorneys General, Fight to Save Veterans MemorialFri, Apr 15, 2016
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge has joined a bipartisan group of 25 attorneys general in fighting to protect a historic cross honoring World War I veterans.
“Across the United States, countless memorials and monuments have been erected to honor the men and women who have bravely defended this nation,” said Attorney General Rutledge. “Many of these monuments like the one in Maryland include religious imagery, which is fully consistent with the Constitution. However, if the 4th Circuit does not affirm the lower court’s decision, it could eventually jeopardize hundreds of historic war memorials across the country, forcing their removal or alteration.”
Rutledge and 24 other attorneys general have filed an amicus brief asking the 4th Circuit Court of Appeals to affirm a lower court’s ruling, which found the U.S. Constitution allows veterans memorials with religious symbolism.
The case involves a white, memorial cross in Bladensburg, Maryland, built by the American Legion to remember World War I veterans. The initial lawsuit sought to force the State of Maryland to tear down the historic cross.
The district court found Maryland’s cross to be protected by the First Amendment. An appeal followed and the case rests before the 4th U.S. Circuit Court of Appeals. Its ultimate decision could impact memorials in West Virginia, Maryland, North Carolina, South Carolina and Virginia, including those at Arlington National Cemetery.
Rutledge signed the brief, which was led by West Virginia Attorney General Patrick Morrisey, along with attorneys general from Alabama, Arizona, Florida, Georgia, Idaho, Indiana, Hawaii, Kansas, Kentucky, Louisiana, Michigan, Montana, Nevada, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia and Wisconsin.
The brief was filed as part of American Humanist Association, et.al. v. Maryland National Capital Park and Planning Commission.
Rutledge Amicus Brief Urges Court to Halt Labor Rule Before it Harms Small BusinessesWed, Apr 13, 2016
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge led a group of 10 attorneys general today in filing an amicus brief in Arkansas federal district court urging the court to grant the plaintiffs’ motion for a preliminary injunction of the U.S. Department of Labor’s Persuader Advice Exemption Rule, which forces disclosure of confidential communications between small businesses and their outside counsel in labor relations matters.
“For more than half a century, attorney-client communications relating to labor relations issues have been exempted from disclosure,” said Attorney General Rutledge. “However, the new Persuader Advice Exemption Rule would overturn this long-standing precedent. The Department of Labor’s extreme interpretation will require disclosure to the government of the legal advice being provided to business, large and small, on very sensitive matters such as union elections. I am proud to lead my colleagues in this effort and urge the court to enjoin this rule, which will hit small businesses disproportionately hard.”
Rutledge along with attorneys general from Alabama, Arizona, Michigan, Nevada, Oklahoma, South Carolina, Texas, Utah and West Virginia are requesting that the court grant the plaintiffs’ motion for a preliminary injunction of the department’s new rule until the conclusion of this litigation, saying, “Given the department’s own longstanding rule exempting attorney advice from disclosure, and the likelihood that the department’s new, radical adventure into areas of attorney-client confidence is in conflict with the governing Act, a preliminary injunction to preserve the status quo pending litigation is well justified, and is the best way to protect the public.”
The brief was filed in ABC v. Perez. Plaintiffs in this case include the Arkansas Hospitality Association; Arkansas State Chamber of Commerce/Associated Industries of Arkansas; Associated Builders and Contractors of Arkansas; Associated Builders and Contractors Inc.; Coalition for a Democratic Workplace; Cross, Gunter, Witherspoon and Galchus, P.C. and National Association of Manufacturers.
Rutledge has been vocal in her concern and opposition to this rule. Arkansas and 12 others states sent a letter to the U.S. Office of Management and Budget voicing opposition to the proposal earlier this year. The attorneys general believed the rule would place undue burdens on small businesses, which would be singled out under the rule.
Rutledge Proclaims April 10-16 Crime Victims’ Rights Week in ArkansasWed, Apr 13, 2016
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today spoke to over 100 advocates, victims and law enforcement at the Crime Victims’ Rights Week Ceremony at Heifer Village where she proclaimed April 10-16 as Crime Victims’ Rights Week in Arkansas. Ceremonies like the one today are being held in communities across the country this week to promote victims’ rights, honor crime victims and recognize those who advocate on their behalf.
“As a former prosecutor, I have seen firsthand the desolation that victims of horrific crimes and their families suffered,” said Attorney General Rutledge. “To the countless advocates and members of law enforcement across our State who are on the frontlines every day, offering support and hope, I say thank you. For the victims, I pray for your protection, your healing and that you will know you are not alone. As long as I am Attorney General, victims and advocates will have a constant supporter.”
April 10-16 has also been set as National Crime Victims’ Rights Week, and this year’s theme is “Serving Victims. Building Trust. Restoring Hope.”
The Arkansas Crime Victims Reparations Program, administered by the Office of Attorney General Leslie Rutledge on behalf of the Crime Victims Reparations Board, provides financial compensation to victims and family members who have suffered personal injury or death as the result of violent crime.
Additionally, the Sexual Assault Reimbursement Program allows evidence to be collected after a sexual assault has been committed without the victim bearing the burden of the expense, and it pays for ambulance services and medical or legal examinations.
Victims may apply for compensation by submitting an application to the Attorney General’s office. Applications are available on the Attorney General’s website or from Arkansas’s 28 elected prosecutors.
Rutledge Statement on the Passing of Former Associate Justice Ray ThorntonWed, Apr 13, 2016
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today released a statement after learning of the passing of former Arkansas Supreme Court Associate Justice Ray Thornton.
“Justice Ray Thornton spent his entire life devoted to serving his state and country and was the definition of a public servant having served in the U.S. Navy, as Attorney General of Arkansas, as Congressman representing two districts, President to both Arkansas State University and the University of Arkansas and Associate Justice of the Arkansas Supreme Court. I have read and researched many of Justice Thornton’s opinions over the years, and I am appreciative of Justice Thornton’s years of service, including the impact he had on the office I currently hold. I extend my heartfelt sympathy and prayers to his loved ones.”
Rutledge Settles First State Civil False Claims Lawsuit in 15 YearsTue, Apr 12, 2016
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge has settled a lawsuit against Step by Step Senior Care Inc., an Arkansas home health care company. Rutledge filed the lawsuit last summer against the company and its then-operators, Breon Harmon and Clarise Tatum, marking the first false claims lawsuit filed under the state’s false claims act in 15 years. The settlement includes a civil penalty of $239,788.58, which is the largest known civil penalty against an Arkansas home health care company in the history of the Attorney General’s Medicaid Fraud Control Unit.
“As Arkansas’s chief legal officer, I am committed to using all means necessary to hold not just individuals but also companies accountable for Medicaid fraud,” said Attorney General Rutledge. “I filed this lawsuit so that Step by Step Senior Care Inc. and its owners would be held accountable for their deception. Today’s settlement should also alert other health care companies that fraudulent actions are a serious offense which I will fully investigate and take legal action if necessary.”
Today’s settlement provides that Step by Step Senior Care Inc. will repay the Arkansas Medicaid Program Trust Fund the $479,577.16 that was questioned in an audit conducted by the Office of Medicaid Inspector General and a negotiated civil penalty of $239,788.58, for a total of $719,365.74. The total will be reduced by $6,838.08 that has already been collected from Dawna Kincade. The settlement also allows greater monitoring of Step by Step Senior Care Inc. in the future and prohibits Harmon and Tatum from working with the company for five years.
In June 2014, the Office of Medicaid Inspector General conducted an audit of Step by Step Senior Care Inc. The audit found evidence of fraud and many questionable billing practices. In March 2015, the audit was referred to the Attorney General’s Medicaid Fraud Control Unit where a subsequent investigation resulted in criminal charges being filed against Kincade, a Step by Step employee.
On Feb. 25, 2015, Kincade of Little Rock entered a guilty plea on one count of Medicaid fraud, a Class B felony. She falsified billing documents for a Medicaid recipient. The case was prosecuted by the Medicaid Fraud Control Unit in cooperation with 6th Judicial District Prosecuting Attorney Larry Jegley. Kincade paid $6,838.08 in restitution to the Arkansas Medicaid Program Trust Fund prior to entry of her guilty plea. She was then sentenced to five years probation and ordered to pay court costs and a $7,500 fine payable to the general revenue fund.
To report Medicaid fraud or abuse or neglect in residential care facilities, contact the Attorney General’s Medicaid fraud hotline at (866) 810-0016 or email@example.com.