Medicaid Law
 
Howard Back v. Kathleen Sebelius

The Medicare Act sets forth a federally funded health insurance program for the aged and disabled that includes hospice care designed to provide terminally ill patients with palliative care. Howard Back brought this suit alleging that Secretary of Health and Human Services Kathleen Sebelius violated her duties under the Medicare Act and the Fifth Amendment Due Process Clause by failing to provide

More...   $0 (07-05-2012 - CA)

National Federation of Independent Business v. Sebelius

In 2010, Congress enacted the Patient Protection and Affordable CareAct in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision isthe individual mandate, which requires most Americans to maintain“minimum essential” health insurance coverage. 26 U. S. C. §5000A.For individuals who are not exempt, and who do not

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Zackery D. Lewis v. Gary Alexander

This case involves the interaction between state and federal law under the Medicaid system, a cooperative program between the state and federal governments to provide medical assistance to those with limited financial resources. Seeking to stamp out abusive manipulation of trusts to hide assets and thereby manufacture Medicaid eligibility, Congress created a comprehensive system of rules mandating

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State of Wisconsin v. Abbott Laboratories

¶1 This case comes before us on certification from the court of appeals. The State brought a civil action against Pharmacia Corporation ("Pharmacia"), alleging that the company reported inflated drug prices to Wisconsin Medicaid. A jury found Pharmacia liable for violating Wisconsin Statutes sections 100.18(1) (1992)[1]——the Deceptive Trade Practices Act ("DTPA")—â€

More...   $9000000 (06-23-2012 - WI)

Nadia Garcon v. Agency for Health Care Administration

Robinson suffered a devastating gunshot injury which rendered him totally and permanently disabled. After the Medicaid program had expended the concededly reasonable amount of $244,590.57 for his past medical expenses, he received a $1 million settlement from a tortfeasor which was stipulated to represent compensation only for past and future medical expenses and nothing for any intangible element

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Yusuf Elias Farran v. Canutillo Independent School District

Yusuf Elias Farran appeals from an order granted a plea to the jurisdiction filed by the Canutillo Independent School District and dismissing Farran’s claims with prejudice. We affirm in part and reverse and remand in part.



FACTUAL SUMMARY

CISD hired Farran in 2004 for the position of Construction Administrator and he was later promoted to Executive

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Sarah Hale v. Dr. Joel Razook, P.C.

Sarah Hale sued Dr. Joel Razook, P.C. and Dr. Joel C. Razook on wrongful termination theories claiming that that she was wrongfully terminated by Defendants based on gender discrimination, sexual harassment, hostile work environment, unlawful interference with her employment, retaliation in employment with conduct that also constituted a Burk tort for violation of Oklahoma Public Policy when she r

More...   $68000 (06-05-2012 - OK)

Justin O'Toole v. Amy Meyer

In this civil action involving an employment contract, Justin O'Toole Lucey and Justin O'Toole Lucey, P.A. (Firm) (collectively Appellants) appeal the trial court's denial of their motion to compel arbitration. Appellants contend the trial court erred in: (1) finding the Federal Arbitration Act (FAA) did not apply because the relationship between Firm and Amy Meyer did not involve interstate com

More...   $0 (03-28-2012 - OK)

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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Bettye Byrd v. Agency for Persons With Disabilities

Finding no error in the determination that Appellant, Bettye Byrd, was properly assigned to Tier Three of the Medicaid Developmental Disabilities Home and Community Based Services Waiver Program, we affirm the final order of the Agency for Persons with Disabilities. Because it is undisputed that Appellant did not satisfy any of the criteria set forth in section 393.0661(3)(b), Florida Statutes, an

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Roger L. Vandervort v. Patricia R. Vandervort

¶1 This appeal arises from post-decree proceedings in which Wife, Patricia Vandervort, sought to vacate the parties' divorce decree. The divorce was the result of a petition signed by Husband, Roger Vandervort, an entry of appearance/waiver of summons signed by Wife, and a "consent decree" signed by both parties. Husband, acting pro se, presented these instruments to the District Court of Oklah

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United States v. Abbott Laboratories

Global Health Care Company Abbott Laboratories Inc. has pleaded guilty and agreed to pay $1.5 billion to resolve its criminal and civil liability arising from the company’s unlawful promotion of the prescription drug Depakote for uses not approved as safe and effective by the Food and Drug Administration (FDA), the Justice Department announced today. The resolution – the second larg

More...   $0 (05-08-2012 - VA)

Henry Spencer, Jf. v. Agency for Personal With Disabilities

Appellant, Henry Spencer, appeals the final order of the Agency for Persons with Disabilities (APD) assigning him to Tier Three of the home and community-based services Medicaid waiver program for persons with developmental disabilities (hereafter “the DD Waiver Program”). Finding no error in this assignment, we affirm the final order. Spencer is a developmentally disabled adult with a

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John D. Handron, Ph.D. v. Secretary Department of Health and Human Services

Dr. John Handron, a psychologist, appeals from the denial of his request for counsel fees following his challenge to the government’s claim that he had overbilled Medicare and owed the government more than $600,000 in overpayments. At an ALJ hearing to contest the government’s claim, Dr. Handron presented extensive evidence, but the government neither appeared nor presented argument

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Henry A. v. Michael Willen, Directory, Nevada Department of Health and Human Services

Plaintiff-appellants (“Plaintiffs”), a group of foster children in Clark County, Nevada, appeal the dismissal of their complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).1 For the reasons that follow, we reverse the dismissal of Counts One, Two, Three, Eight, and Eleven; affirm the dismissal of counts Nine and Ten; and remand for further proceedings.

I. BACKGROUND

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Wal-Mart Stores, Inc. v. Larry Crossgrove

¶1 In this pre-verdict collateral source case, we determine whether the court of appeals erred when it held that the trial court incorrectly admitted evidence of the amount paid by an insurance provider for the medical expenses Respondent Larry Crossgrove incurred as a result of Petitioner Wal-Mart’s negligence. We hold that the court of appeals correctly held that the trial court sho

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Dale E. Haley v. District Court

In this opinion, we address the scope of a district court’s authority to unilaterally modify a settlement agreement under NRS 41.200, Nevada’s statute governing the compromise of a minor’s claim.

Because NRS 41.200 leaves the allocation of fees and costs to the district court’s discretion, we conclude that the district court may adjust the terms of the

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Edward Christensen v. North Dakota Department of Human Services

[¶1] Edward Christensen appealed from a district court judgment affirming the order of the North Dakota Department of Human Services determining that he was ineligible for Medicaid benefits for the five-month period from April to August of 2008. We affirm, concluding the Department of Human Services did not err in determining Edward Christensen's interests in certain real estate, and the procee

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Center for Special Needs, etc. v. Carol Olson, etc.

This case addresses the effect of a pooled special-needs trust created by an over-65-year-old beneficiary on his Medicaid benefits. The Center for Special Needs Trust Administration, a section 501(c)(3) non-profit, appeals a summary judgment in favor of the North Dakota Department of Human Services. Invoking 42 U.S.C. § 1983 and the Constitution’s Supremacy Clause, Article VI, clause 2,

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State of Arkansas v. Johnson & Johnson d/b/a Janssen Pharmaceuticals, Inc.

State of Arkansas sued Johnson & Johnson d/b/a Janssen Pharmaceuticals, Inc. for false and deceptive advertising associated with the sale of Risperdal, an antipsychotic drug. Arkansas paid for 250,000 prescriptions for the drug during a 3.5 year period. Risperdal, a second generation antipyschotic, is used to treat schizophrenia, bipolar disorders and irritability in autism patients. Risperdal a

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Justine O'Toole Lucey v. Amy Meyer

In this civil action involving an employment contract, Justin O'Toole Lucey and Justin O'Toole Lucey, P.A. (Firm) (collectively Appellants) appeal the trial court's denial of their motion to compel arbitration. Appellants contend the trial court erred in: (1) finding the Federal Arbitration Act (FAA) did not apply because the relationship between Firm and Amy Meyer did not involve interstate com

More...   $0 (03-28-2012 - SC)

Flynn Hanners v. Larry Trent

Flynn Hanners, a former Master Sergeant with the Illinois State Police (“ISP”), brought this action in the district court, alleging that fellow ISP employees Larry Trent, Harold Nelson, Lance Adams, Richard Woods and Leonard Stallworth discriminated against him because of his race, in violation of 42 U.S.C. §§ 1981 and 1983. The district court granted summary judgment for the def

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Doroshow, Pasquale, Krawitz & Bhaya v. Nanticoke Memorial Hospital, Inc.

Nanticoke Memorial Hospital filed a $160,958 hospital lien for the cost of Maria Acosta’s medical treatment resulting from a car accident on July 11, 2003. The law firm of Doroshow, Pasquale, Krawitz, & Bhaya represented Acosta in a personal injury claim against the tortfeasor who caused her injuries. Nationwide Assurance Company paid $19,671.49 to settle her claim. Nanticoke argues that it

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Jacqueline Townsel v. Dish Network, L.L.C.

Jacqueline Townsel signed up for satellite TV service from DISH Network. As with cell phones, the cost of equipment is amortized over two years through payments for the service; a customer who drops the service owes a termination fee to cover the unpaid portion of the equipment’s cost. Townsel agreed to pay a termination fee if she discontinued the service for any reason during the first tw

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Amy Rathbun v. Health Net of the Northeast, Inc.

The plaintiffs, Amy Rathbun and Tanequa Brayboy, appeal following the judgment of the trial court granting a motion for summary judgment in favor of the defendant, Health Net of the Northeast, Inc.1 On appeal, the plaintiffs, who are Medicaid recipients, contend that the court erred in determining that the defendant could assert a claim against the plaintiffs to recover the costs of medical care o

More...   $0 (01-24-2012 - CT)

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