Attorney General Jim Hood says he won't defend Governor Haley Barbour in a legal challenge to the governor's latest proposal to tax hospitals to generate money for Mississippi's Medicaid program.

About 40 hospitals have filed suit, contending Barbour should not be allowed to increase their fees to help pay for the health care program.

Hinds County Chancery Judge William Singletary will hear arguments Wednesday.

In July, Singletary ruled in a separate challenge by hospitals that Barbour cannot bypass lawmakers to create new hospital taxes.

Hood says acting as Barbour's counsel in the latest case would create a conflict in his representation of the legislative and judicial branches.

Barbour says that is absurd because the legislative and judicial branches are not involved in the lawsuit.

The governor says Hood's decision will cost the taxpayers more money because the governor's office will have to hire a private attorney.