IN THE LEGISLATIVE CLAIMS COMMISSION OF THE STATE OF WEST VIRGINIA

WEST VIRGINIA ASSOCIATION OF

REHABILITATION FACILITIES, INC. (WVARF)

v.

WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES

(CC-17-0462)

Charles D. Dunbar and Vivian H. Basdekis, Jackson Kelly PLLC, for the Claimant.

M. Claire Winterholler, Assistant Attorney General, for the Respondent.

PER CURIAM:

The Claimant brought this action seeking the payment of unpaid invoices submitted to the Respondent following the provision of services pursuant to various contracts

The Claimant, through its counsel, and the Respondent, through its counsel, appeared for several hearings before the Legislative Claims Commission, with the last hearing conducted on November 21, 2019.

The Claimant seeks to recover $305,183.34 for reimbursement of unpaid invoices for services rendered to the Respondent throughout the State of West Virginia pursuant to contracts with the Respondent. These services included janitorial services, courier services, hand soap, programing fees, document imaging services, mail services, temporary services, water services, data management and document destruction. The Claimant attached 186 unpaid invoices as exhibits to the Notice of Claim.

In its Answer, Respondent admitted in part and denied in part the validity of the claim. Several hearings were conducted to further determine that status of payment on each of the invoices. The Respondent asserted that it had already paid the sum of $208,623.50 of the total claimed. The Respondent further admitted that it owed the Claimant an additional sum of $75,451.23; however, the Respondent did not have a mechanism to effectuate the payment of these invoices.

The Respondent denied that they owed monies for fifty-one (51) of the submitted invoices, which totaled $21,250.65 because there was either no contract in place or the invoices lacked the appropriate certification or documentation which would permit payment. Thirty-four (34) of the invoices totaling $2,271.00 were for document destruction services conducted for the Respondent through a third-party vendor. Those invoices should have been certified by an employee of the Respondent once the work had been completed. The third party contractor, PACE Shredding, was responsible for obtaining the Respondent’s signature and did not do so. Because there was no signature on the invoices, payment was denied. The Claimant had already paid the vendor and sought to be reimbursed accordingly.

Following a lengthy and thorough investigation, the amount in controversy has been determined to be $78,493.82. This amount represents invoices that were admitted as valid but without any mechanism to pay and invoices that were denied for lack of documentation to certify that the work in question was actually completed.

It is the opinion and recommendation of the Legislative Claims Commission that the Claimant should be awarded the sum of $76,222.82 in payment of services provided pursuant to various service contracts between the Claimant and the Respondent where the services listed in the contract and invoices was confirmed as completed and delivered to the Respondent.

Award of $76,222.82.