Medicaid Law
 
TTHR, L.P. d/b/a Presbyterian Hospital of Denton v. Amanda Coffman

TTHR, L.P. d/b/a Presbyterian Hospital of Denton (Presbyterian) appeals the denial of its motion to dismiss filed pursuant to Texas Civil Practice and Remedies Code section 74.351(b). See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (Vernon 2011). Presbyterian asserts that the suit filed against it by Appellee Amanda Coffman was a health care liability claim, subject to the requirements of chapt

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Lashonda La Shay Bills v. State of Oklahoma

¶1 Plaintiffs/Appellants LaShonda La Shay Bills, individually and d/b/a Lighthouse Learning, Katrina Bills, Dollie R. Watson, and Juanita Clark (collectively "Lighthouse Learning") appealed from an adverse administrative decision rendered by Defendant/Appellee Department of Human Services (DHS), confirming an allegation of neglect at the daycare center.1 The matter was dismissed with prejudice

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United States of America ex rel Kelly Balltazar v. Lillian S. Warden

In this qui tam proceeding under the False Claims Act, 31 U.S.C. §§ 3729–33, Kelly Baltazar contends that her former employer submitted fraudulent bills to the Medicare and Medicaid programs.

Baltazar, a chiropractor, worked for four months in 2007 at Advanced Healthcare Associates. According to Baltazar’s complaint, she noticed that the firm’s staff added to he

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Personal Care Products, Inc. v. Albert Hawkins

Personal Care Products, Inc. (PCP) furnishes incontinence supplies to Medicaid recipients in twelve states, including Texas. In the course of a Medicaid fraud investigation, the Texas Health and Human Services Commission withheld reimbursements from PCP. PCP filed suit against state officers, alleging civil rights violations under 42 U.S.C. § 1983 and seeking damages and injunctive relief. The

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Catherine Hutchinson v. Deval L. Patrick

This appeal requires us to consider the circumstances under which a litigant who obtains significant relief through a court-approved settlement, rather than a verdict or a formal consent decree, may achieve "prevailing party" status and, thus, become eligible for an award of attorneys' fees under a typical federal fee-shifting statute. The appeal also requires us to consider when, short of the ent

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Steve B. Smith v. Jefferson County Board of School Commissioners

The former principal of Jefferson County, Tennessee’s alternative school and two former teachers at the school (collectively, “the teachers”) allege that, by closing the county’s public alternative school and contracting with Kingswood Academy (“Kingswood”) to provide alternative-school services for public-school students, the Jefferson County Board of School

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Marcie Rae Hill v. American Family Mutual Insurance Company

In this case, an underinsured-motorist claimant asks this Court to invalidate an “exhaustion clause” requiring her to exhaust the full limits of the tortfeasor’s insurance policy before being eligible for underinsured-motorist benefits.

II. FACTUAL AND PROCEDURAL BACKGROUND

Marcie Hill, the appellant, was injured in a two-car accident with Andrea Hamilton in Novemb

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State of Texas v. Actavis Mid-Atlantic, LLC and Actavis Elizabeth, LLC

A Travis County jury today returned a record-setting verdict for damages, finding that drug manufacturer Actavis Mid-Atlantic, LLC misrepresented its drug prices to the taxpayer-funded Medicaid program. The jurors determined that Actavis and co-defendant Actavis Elizabeth, LLC should pay Texas and the federal government $170.3 million for defrauding Medicaid.

Since 2000, the Texas Attorney

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Maria Lucia Tayag v. Lahey Clinic Hospital, Inc.

Maria Lucia Tayag ("Tayag") was terminated by her employer, Lahey Clinic Hospital, Inc. ("Lahey"), while taking an unapproved seven-week leave to accompany her husband, Rhomeo Tayag ("Rhomeo"), on a spiritual healing trip. The district court denied her claims against Lahey on summary judgment, including one under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601-2654 (2006), and s

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Jerry L. and Susan Ashenfelter v. Amy S. Mulligan

Amy Mulligan appeals a district court order allowing her parents, Jerry and Susan Ashenfelter, to review her medical and mental health records for purposes of their petition seeking grandparent visitation with Amy’s son, A.M. This case has become moot because the ability to seek court-ordered grandparent visitation is now limited to grandparents whose own child has died. Because the issue o

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Yvonne Sanders Barnett v. Jimmie Carl Barnet and his Agent for Power of Attorney, Julia Ann Budwah

Jimmie Barnett appeals a judgment ordering him to pay to his former wife one-half of an early withdrawal penalty that was incurred when his sister, to whom he had granted power of attorney, removed former community property from an annuity.

Concluding that the trial court erred in denying Jimmie’s exception of insufficiency of service of process, we vacate the judgment and dismiss th

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Angela Edwards v. Ardent Health Services, L.L.C.

¶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 tha

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Choices Institute v. Oklahoma Health Care Authority

¶1 This is an appeal by Choices Institute (Institute) from an order of the district court dismissing Institute's appeal from a decision of the Administrator of the Oklahoma Health Care Authority (OHCA).1 OHCA sought dismissal on the basis of Institute's failure to have summons issued and failure to file proof of service within ten (10) days which, OHCA claims, violates §318(C) of the Adminis

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U.S. Renal Care, Inc. v. Laura Jaafar

he appellees’ motion for rehearing is denied. This court’s opinion and judgment dated August 31, 2010 are withdrawn, and this opinion and judgment are substituted. We substitute this opinion to clarify our judgment.

This case stems from a dispute regarding Appellant U.S. Renal Care’s (“Renal Care”) purchase of Rencare, Ltd., formerly owned by Appellees L

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Mary Immel v. Douglas E. Lumpkin

This case stems from Plaintiff Mary Immel’s 2007 application for Medicaid coverage to pay for the costs of her nursing facility. The Franklin County Department of Job and Family Services (“FCDJFS”) denied coverage, and Immel challenged the decision in state administrative hearings. While the state proceedings were still pending, she filed the instant civil action against Douglas

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Kindred Nursing Centers East, LLC v. Arthur Morin

Under our common law, a power of attorney creates a formal contract of agency between the grantor and his attorney in fact. Long v. Schull, 184 Conn. 252, 256, 439 A.2d 975 (1981). Under our statutory law, this agency relationship encompasses a variety of transactions that the grantor presumptively has authorized his attorney in fact to undertake on his behalf. General Statutes § 1-42 et

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Robert T. Guy v. Commissioner, Indiana Bureau of Motor Vehicles

Robert T. Guy appeals the trial court’s denial of his verified petition for order to renew his Indiana operator’s license. Because Guy only served the Commissioner of the Bureau of Motor Vehicles and did not also serve the Attorney General, as required by both the Indiana Administrative Orders and Procedures Act and Indiana Trial Rule 4.6(A)(3), we conclude that the trial court did n

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United States of America ex rel. Snapp v. Ford Motor Company

SNAPP, Inc. (“SNAPP” or “Relator”) appeals from an order of the district court denying its motion to alter or amend a final judgment so as to permit it to file an amended complaint in litigation brought pursuant to the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq. SNAPP argues that the district court erred in concluding that the proposed amended complain

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George Studnicka v. A. Pinheiro

George Studnicka filed suit against Dr. A. Daniel Pinheiro, Dr. Kerry D. Olsen, and the Mayo Clinic, alleging a cause of action for common-law battery. Studnicka claimed that the two physicians performed surgery on him without his informed, written consent, and that this action constituted battery under Minnesota law. Studnicka moved for summary judgment on the battery claim, but the district cour

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Michael King v. Carol Willmet

In this case we primarily consider whether, in a negligence action against a nonpublic defendant, the reduction of a plaintiff‟s award of past medical expense damages to the dollar amount ultimately paid by the plaintiff‟s private health insurance to his health care providers is appropriate under the collateral source rule. In light of the public policy conclusions expressed by our sta

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Joanne Law v. Daniel Griffith

General Laws c. 233, § 79G (§ 79G), concerns, in part, the admissibility of medical bills "as evidence of the fair and reasonable charge" for medical services provided. [FN1] In this negligence action in which the plaintiff sought to recover damages for personal injuries, a Superior Court judge determined that the plaintiff's medical bills could be excluded from evidence under § 79G becau

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Big M, Inc. v. Texas Roadhouse Holding, L.L.C.

Plaintiff Big M, Inc., t/a Annie Sez, the holder of a judgment against Tiffany Kraus in the amount of $672.22, obtained an order to garnish her wages. At the time, Kraus was employed as a waitress by defendant Texas Roadhouse Holding, LLC. When defendant remitted a single payment of $4.21, plaintiff filed a complaint against defendant seeking the balance due on the judgment. Defendant appeals from

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Kimberly Burgess v. Paducah Area Transit Authority

GRAHAM, District Judge. Three former at-will employees of the Paducah Area Transit Service (“PATS”) allege that they were terminated after having raised concerns about the safety of PATS vehicles. They allegedly voiced their concerns in two letters sent to the PATS board of directors, though the letters on their face did not mention any safety issues. The letters reported that the â

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Dale McAlary v. State of Oklahoma ex rel. Oklahoma Department of Human Services

¶1 The State of Oklahoma ex rel. Oklahoma Department of Human Services (OKDHS), Howard Hendrick, Director of OKDHS, Oklahoma Health Care Authority (OHCA),1 Mike Fogarty, Director of OHCA, and Gerry Moore, individually, (collectively, the State) appeal the trial court's September 18, 2008, Order Granting Plaintiffs' Motion for Partial Summary Judgment in which the trial court found Dale McAlary

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Ana Silva Yanez v. SOMA Environmental Engineering, Inc., et al.

Plaintiff Ana Yanez sued defendants SOMA Environmental Engineering, Inc., Mansour Sepehr, and Brian Tims (collectively SOMA) for injuries she suffered in an automobile accident. A jury found that SOMA‘s negligence caused Yanez‘s injuries, and returned a special verdict awarding her $150,000 in damages, including $44,519.01 in damages for past medical expenses. After judgment was entere

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