Medicaid Law
 
PG Publishing Company v. Carol Aichele

The instant case calls upon us to decide whether a state statute restricting access to a polling place infringes on the media‟s First Amendment right to gather news. Appellant PG Publishing Company (“Appellant” or “PG”) seeks review of the District Court‟s decision to dismiss its suit against election officials for the Commonwealth of Pennsylvania. Specifically,

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Luis Alejo v. Tom Torlakson

Luis Alejo, Maria Medina, Angelica Arechiga, Joel Avila, Frente Indígena Oaxaqueño Binacional, Comité Pro Educación, Parents for Unity, and Californians Together, plaintiffs below, sought in the trial court to compel defendants, Tom Torlakson, in his official capacity as the State Superintendent of Public Instruction ( Superintendent); the State Board of Education (SBE); and the Califo

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Fresenius Medical Care Holdings, Inc. v. Elisabeth Tucker, M.D.

This case involves a constitutional challenge to Florida’s “Patient Self-Referral Act of 1992” (the “Florida Act”), FLA. STAT. § 456.053, which prohibits Florida physicians from referring their patients for services to business entities in which the referring physicians have a financial interest. Appellants Fresenius Medical Care Holdings, Inc., DVA Renal Healthca

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Rosaena Resendez v. Texas Commission on Environmental Quality

Appellant Rosaena Resendez appeals from the trial court's order dismissing her suit against her former employer, the Texas Commission on Environmental Quality (the "Commission"), for damages under the Texas Whistleblower Act. See Tex. Gov't. Code Ann. §§ 554.001-.009 (West 2012). The Commission filed a plea to the jurisdiction, arguing that sovereign immunity had not been waived because Res

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Joshua Beller v. Health and Hospital Corp.

The plaintiffs brought suit alleging that the defendant, Health and Hospital Corporation of Marion County, Indiana d/b/a Wishard Memorial Hospital d/b/a Wishard Ambulance Service (“Wishard”) violated the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd, by failing to stabilize Melissa Welch and her minor son, Joshua Beller, during an emerge

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Christine Kay Hanks v. Christopher P. Edwards

Christine Kay Hanks, Marcella Kay Barone, Nancy Rebecca Humphries, Teresa Ann McCurdy and Ronald Langham sued Christopher P. Edwards and Procidence Home Care, LLC on breach of contract theories claiming:

1. Christine Kay Hanks is an individual whose residence is in Oklahoma County, State of Oklahoma (hereafter, referred to as “Plaintiff, Hanks”). Plaintiff, Hanks, at all time

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Samantha Elledge v. SSM Healthcare of Oklahoma, Inc.

COME NOW, SAMANTHA ELLEDGE, Individually and as Next Friend of DANIEL MILLER, a Minor hereinafter referred to as “Plaintiffs, complaining of SSM HEALTHCARE OF OKLAHOMA, INC., dlb/a ST. ANTHONY’S HOSPITAL, ANTHONY DWAYNE JACKSON, M.D., ANTHONY D. JACKSON, M.D., P.C., and KAYCI DAE LEWIS, D.O., hereinafter collectively referred to as “Defendants,” and for cause of action wou

More...   $1 (11-05-2012 - OK)

Avante at Boca Raton, Inc. v. Senior Care Pharmacy of Florida, LLC

Avante at Boca Raton, Inc.; Avante at Inverness, Inc.; Avante Villa at Jacksonville Beach, Inc.; Avante at Lake Worth, Inc.; Avante at Leesburg, Inc.; Avante at Melbourne, Inc.; Avante at Mt. Dora, Inc.; Avante at Orlando, Inc.; Avante at Ormond Beach, Inc.; and Avante at St. Cloud, Inc. (collectively, the Nursing Homes), challenge the final judgment entered after jury trial in favor of Senior Car

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Planned Parenthood of Indiana, Inc. v. Commissioner of Indiana State Department of Health

In 2011 Indiana adopted a law prohibiting state agencies from providing state or federal funds to “any entity that performs abortions or maintains or operates a facility where abortions are performed.” IND. CODE § 5-22-17-5.5(b). The Hyde Amendment already forbids states from using federal funds to pay for most nontherapeutic abortions; Indiana has a similar ban on the use of state

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Idaho Department of Health & Welfare v. Barbara K. McCormick

This appeal arises from a claim filed by the Idaho Department of Health and Welfare (the Department) in the probate proceeding of George D. Perry, the deceased spouse of a Medicaid recipient, Martha J. Perry. The Department sought to recover funds under I.C. § 56-218 from the sale of the couple’s home—their only significant asset—to recoup Medicaid benefits paid to Martha d

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Greater Houston Radiation Oncology, P.A. v. Sadler Association, P.A.

This is an appeal from a judgment rendered after a jury verdict that awarded Sadler Clinic Association, P.A. tort damages in the amount of $307,935 and Oncology Reimbursement Services, L.P. contract damages in the amount of $57,583. Sadler Clinic Association, P.A., Greater Houston Radiation Oncology, P.A., and Oncology Management Services, L.P. were awarded no damages on their breach of contract c

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Angela Edwards v. Ardent Health Service, LLC

1 This case arises from a medical negligence suit filed by Plaintiff/Appellee, Angela Edwards, individually, and on behalf of her husband, Johnny G. Edwards, an incapacitated person (Edwards). Ultimately, the underlying lawsuit was settled and Edwards sought court approval of the settlement. Defendant/Appellant, Oklahoma Health Care Authority (OHCA), objected to the settlement on the basis that Pl

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John F. Lopes v. Department of Social Services

This appeal raises the issue of whether a non-assignable annuity contract that provides
17 the spouse of an institutionalized person with monthly payments counts as an excess resource
18 that must be spent down before the institutionalized person can receive Medicaid benefits under
19 the Medicare Catastrophic Coverage Act of 1988 (“MCCA”). Before the United States District

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Kenneth Randy Whipple v. HCA Health Services of Oklahoma, Inc.

Commencing on or about the 3rd day of August, 2009 and continuing thereafter. the defendants, by and through their agents and/or employees, herein negligently rendered treatment below acceptable medical standards to the plaintiff Kenneth Randy Whipple.

2. Commencing on or about the 3rd day of August, 2009, and continuing thereafter, the defendants, by and through their agents and/br emplo

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Sandra M. Bontrager v. Indiana Family and Social Services Administration

On May 5, 2011, Sandra M. Bontrager filed a putative class action complaint challenging Indiana’s $1,000 annual limit for dental services covered by Medicaid. The district court granted Bontrager’s request for a preliminary injunction, holding that Indiana is required to cover all medically necessary dental services, irrespective of the monetary cap.

We affirm.

I. BACKG

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State of Nebraska v. Katherine Zupancic

The State of Nebraska Lincoln mental health practitioner Katherine Zupancic d/b/a Zupancic Consulting on a fraud theory claiming that the Defendant filed medicaid claims between July 1, 2002 and July 31, 2007 for which there was no supporting documentation.

More...   $99785 (09-15-2012 - NE)

Breton Lee Morgan, M.D. v. Kathleen Sebelius

Breton Lee Morgan appeals a district court order dismissing his action challenging the decision of the Secretary of the United States Department of Health and Human Services ("the Secretary") to exclude him for five years from participating in Medicare, Medicaid, and all other federally sponsored health care programs pursuant to the applicable terms of 42 U.S.C.A. § 1320a-7(a)(3) (West 2011). F

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McKesson Corporation v. Arizona Health Care Cost Containment System

¶1 The Arizona Health Care Cost Containment System (“AHCCCS”) appeals the superior court’s determination that AHCCCS lacked jurisdiction and legal authority to bring an enforcement action against McKesson Corporation under Arizona’s False Claims Act.1 As explained below, because AHCCCS adopted administrative rules2 that limited its authority to impose civil penalties o

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Idaho Department of Health & Welfare v. Barbara K. McCormick

This appeal arises from a claim filed by the Idaho Department of Health and Welfare (the Department) in the probate proceeding of George D. Perry, the deceased spouse of a Medicaid recipient, Martha J. Perry. The Department sought to recover funds under I.C. § 56-218 from the sale of the couple’s home—their only significant asset—to recoup Medicaid benefits paid to Martha d

More...   $0 (08-09-2012 - ID)

Harris Schwartzberg v. Kim K. Knoblock

The Appellants, Harris Schwartzberg, Maxwell Stolzberg, and multiple trusts are among the defendants in nursing home litigation brought by the Appellee, Kim K. Knobloch, as the personal representative of the Estate of William Knobloch, deceased. The Appellants challenge the circuit court's order denying their motions to dismiss for lack of personal jurisdiction.1 Because Ms. Knobloch failed to est

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Jerome Wilson v. IHC Hospitals, Inc. d/b/a Utah Valley Regional Medical Center

¶ 1 This case involves a medical malpractice lawsuit brought by Jerome Wilson and Leilani Wilson on behalf of their son, Jared. The Wilsons allege that employees of IHC Hospitals, Inc. (IHC) breached their duty of care during Ms. Wilson’s labor and delivery of Jared. The Wilsons further claim that IHC’s negligence caused Jared to suffer severe brain damage. The Wilsons tried their

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Kristopher Gohl v. Martin K. Jones, M.D., et al.

Kristopher Gohl, Individually; Kristopher Gohl, As Guardian Of The Person Of Adrian L Gohl An Incapacitated Person, And Kristopher Gohl As Natural Parent And Next Friend Of Lily Simone Gohl And Kwintin Werner Gohl Minors, Plaintiffs, sued Martin K Jones MD, Martin K Jones MD INC., Luis A Reina MD, Luis A Reina MD Inc PC, David W Behm DO, David W Behm LLC, Janelle Lewis-Brown LPN, Jennife

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Rebecca Gonzalez v. Fresenius Medical North America

Plaintiff-Appellant Rebecca Gonzalez (“Relator”) brought a qui tam action under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., against Defendants-Appellees Fresenius Medical Care North America, Fresenius Medical Care Holdings, Inc., Bio-Medical Applications of Texas, Inc. (collectively, “Fresenius”), and Alfonzo Chavez, M.D. Relator also brought reta

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Greenbrier Nursing v. U.S. Dept. of HHS

Greenbrier Nursing and Rehabilitation Center (“Greenbrier”), a skilled nursing facility in Greenbrier, Arkansas, petitions for review of a civil money penalty imposed by the Secretary of the Department of Health and Human Services for noncompliance with Medicare participation requirements. We deny the petition for review.

I.

Skilled nursing facilities must comply with com

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Leroy Morris v. Oklahoma Department of Human Services

The Medicare Catastrophic Coverage Act of 1988 (“MCCA”) allows the spouse of an applicant for long-term care benefits to keep a certain amount of resources without affecting the applicant’s eligibility. See 42 U.S.C. § 1396r-5(c)(2) & (f)(2). This Community Spouse Resource Allowance (“CSRA”) permits an “institutionalized spouse” to obtain Medicaid assi

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