Medicaid Law
 
Stacy Price v. Deale E. Wolford, D.O.

The Oklahoma Health Care Authority (OHCA) asserted a $544,282.26 Medicaid lien on a $1.1 million settlement of Plaintiffs’ malpractice suit against Dr. Dale Wolford. The district court, however, allotted OHCA only $67,666.67 in full satisfaction of the lien. OHCA appeals, contending (1) that the district court lost jurisdiction of the malpractice litigation when OHCA’s intervention a

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Fal-Meridian, Inc. v. U.S. Department of Health and Human Services, et al.

The Meridian nursing home asks us to set aside a final decision by the Department of Health and Human Services that imposed a civil penalty of $7,100 on the nursing home for having violated a regulation under the Medicare and Medicaid provisions of the Social Security Act. 42 U.S.C. §§ 1302, 1395hh. The regulation requires a skilled nursing facility to “ensure that—(1) the resid

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Katharine Kaufman v. American Family Mutual Insurance Company

The Silvern Law Offices, P.C. and its attorneys Steven Silvern and Jennifer Hicks (“Silvern”) appeal from the district court’s order imposing sanctions against them for discovery misconduct. Silvern also appeals from the district court’s refusal to order discovery into the extent of ex parte communications between opposing counsel and the court. We have jurisdiction under

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Abbott Terrace Health Center, Inc. v. Anna Parawich, et al.

The plaintiff, Abbott Terrace Health Center, Inc., appeals from the judgment of the trial court in favor of the defendant William Hulstrunk, also known as William Hulstruck.1 The plaintiff maintains that the court, following the entry of default against the defendant, improperly declined to impose liability thereon. We reverse in part the judgment of the trial court.

Our recitation of the r

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Amanda Cossaboon v. Maine Medical Center

Plaintiff Amanda Cossaboon, individually and as mother and next friend of E.C., appeals from the district court's dismissal of her medical malpractice action against defendant Maine Medical Center (MMC) for lack of personal jurisdiction. Cossaboon contends that MMC purposefully established sufficient contacts with New Hampshire to permit the exercise of general personal jurisdiction in New Hampshi

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Centocor, Inc. v. Patricia Hamilton

Our medical-legal jurisprudence is based on images of health care that no longer exist. At an earlier time, medical advice was received in the doctor's office from a physician who most likely made house calls if needed. The patient usually paid a small sum of money to the doctor. Neighborhood pharmacists compounded prescribed medicines. Without being pejorative, it is safe to say that the prevail

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California Pharmacists Association v. David Maxwell-Jolly

Edmund G. Brown Jr., Attorney General of California, Jennifer M. Kim, Shannon M. Chambers and Randall R. Murphy, Supervising Deputy Attorneys General, and Gregory M. Cribbs, Deputy Attorney General, Los Angeles, California, for defendant-appellant David Maxwell-Jolly. Lloyd A. Bookman, Byron J. Gross, and Jordan B. Keville, Hooper, Lundy & Bookman, Inc., Los Angeles, California, for plaintiffs-app

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Lydia Dominguez v. Arnold Schwarzenegger

In 1973, the State of California established the In-Home Supportive Services (IHSS) program to provide in-home assistance and care to low-income elderly and disabled persons who otherwise would be unable to remain safely in their homes. See Cal. Welf. & Inst. Code § 12300. Plaintiffs- Appellees, a putative class comprised of recipients of the State’s IHSS program and the unions who repre

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Southern New Hampshire Medical Center v. Anthony Hayes

The defendant, Anthony Hayes, appeals: (1) an order of the Superior Court (Brennan, J.) granting summary judgment in favor of the plaintiff, Southern New Hampshire Medical Center (SNHMC), with respect to Karen Hayes’ unpaid medical expenses; (2) an order of the Superior Court (Nicolosi, J.) granting SNHMC’s motion in limine to exclude evidence that Karen Hayes “eloped” un

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Baker County Medical Services v. Aetna Health Management LLC

Baker County Medical Services, Inc. (BCMS), appeals a final judgment interpreting section 641.513(5)(b), Florida Statutes (2006). BCMS raises two issues on appeal. First, BCMS argues that the trial court erred in ruling that the term “provider” in section 641.513(5)(b) is not limited to any specific type of provider. We disagree and affirm on the first issue. Second, BCMS argues that t

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Tanner Wangsness v. Builders Cashway, Inc.

[¶1.] Tanner Wangsness (Wangsness) brought this strict products liability action against Builders Cashway, Inc. (Builders Cashway), alleging the bi-fold door his grandfather purchased from Builders Cashway was defective. Wangsness’s strict products liability action against Builders Cashway proceeded to trial. After hearing the evidence, the jury rendered a verdict, and the circuit court

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Devlin v. Kalm

ROGERS, Circuit Judge. Plaintiff Patrick J. Devlin appeals the district court’s decision to dismiss his 42 U.S.C. § 1983 complaint under Younger v. Harris, 401 U.S. 37 (1971). The procedural posture of this case does not warrant the application of Younger.

On remand, however, the district court may consider other possible bases for dismissal or stay.1

1Defendants are Richar

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Megan Smith v. City of Franklin

The plaintiff, Megan Smith, appeals an order of the Superior Court (Mangones, J.) upholding the denial of her request for financial assistance by the defendant, City of Franklin (City). The trial court ruled that the City correctly interpreted RSA 167:27 (2002) to preclude the plaintiff’s eligibility for local financial assistance because she receives Medicaid through the Aid to the Permane

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E.D.B. v. Gearald Clair and Centre Community Hospital

The issue presented in this case is whether the Pennsylvania Department of Public Welfare (hereinafter “DPW”) can obtain reimbursement from a tortfeasor for Medicaid expenditures made on behalf of a disabled minor when a claim therefor by the minor’s parents is barred by the statute of limitations. We conclude that DPW can obtain such reimbursement, and accordingly reverse the d

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Tanya Nicole Kach v. Thomas Hose

This case arises from a highly unusual and extremely disturbing set of circumstances. In September 1995, Tanya Nicole Kach was a fourteen-year-old student when she befriended, and later became intimate with, Thomas Hose, a security guard at her middle school. Several months later, Kach ran away from home and spent the next approximately ten years living clandestinely with Hose. In March 2006, when

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Lisa Yarick v. Pacificare of California

This is an appeal from judgment entered after the court sustained without leave to amend a demurrer to the fourth amended complaint filed by plaintiff and appellant Lisa Yarick, administrator of the estate of Joseph Yarick. The court ruled that claims against defendant and respondent PacifiCare of California (hereafter respondent), one of several defendants below, were “preempted in [their]

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Golden Drugs Co., Inc. v. David Maxwell-Jolly

Golden Drugs Co., Inc., doing business as Golden Drugs Pharmacy (Pharmacy), appeals from a judgment denying its petition for a writ of mandamus (Code Civ. Proc., § 1085), which challenged the termination of Pharmacy‟s Medi-Cal provisional provider license by defendant Sandra Shewry, as then director of the Department of Health Care Services (the Department). (Health & Saf. Code, § 20 [

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BHC Intermountain Hospital, Inc. v. Ada County

Appellant BHC Intermountain Hospital (Intermountain) appeals from the district court’s order reversing the magistrate court’s determination that Respondent Ada County was to pay Intermountain $7,593 for treatment of an involuntarily committed patient.

The magistrate’s Order Fixing Responsibility for Costs upon Ada County was entered on May 1, 2007. The order determine

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Ruben Lopez v. Daimler Chrysler Corporation

At age seven, plaintiff Ruben Lopez suffered permanent brain damage in a rear-end freeway accident. Lopez filed suit against several car manufacturers that produced the car Lopez rode in at the time of the accident. Lopez settled his suit for $2 million.

Between the accident and the subsequent settlement, defendant California Department of Health Care Services (Department) paid for Lopezâ

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James Hopper v. Solvay Pharmaceuticals, Inc.

Solvay Pharmaceuticals, Inc. and its wholly owned subsidiary, Unimed Pharmaceuticals, Inc., manufacture and market Marinol, a synthetic form of THC, a hallucinogenic compound found naturally in marijuana. Qui tam relators James Hopper and Colin Hutto allege that Solvay engaged in an off-label marketing campaign to increase sales of Marinol for purposes not approved by the United States Food and Dr

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Ruben Lopez v. Daimler Chrysler Corporation and Department of Health Care Services

At age seven, plaintiff Ruben Lopez suffered permanent brain damage in a rear-end freeway accident. Lopez filed suit against several car manufacturers that produced the car Lopez rode in at the time of the accident. Lopez settled his suit for $2 million.

Between the accident and the subsequent settlement, defendant California Department of Health Care Services (Department) paid for Lopezâ

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IN RE PHARMACEUTICAL INDUSTRY AVERAGE WHOLESALE PRICE LITIGATION

One unhappy named plaintiff appeals from an order approving a $24 million class action settlement in one multidistrict litigation, in which class members allege that AstraZeneca Pharmaceuticals LP (AstraZeneca) published artificially inflated prescription drug prices. In re Pharm. Indus. Average Wholesale Price Litig., MDL No. 1456, Civ. A. No. 01-12257 (D. Mass. Dec. 15, 2008) (order approving fi

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Saint Alphonsus Diversified Care, Inc. v. MRI Associates, LLP

This is an appeal from a judgment against a general partner for wrongful dissociation, breach of a noncompete clause, breach of the covenant of good faith and fair dealing, intentional interference with prospective contractual relations or business expectations, breach of fiduciary duties, and civil conspiracy. We vacate the judgment and remand this case for further proceedings.

I. BACKGROU

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Beulah Addison v. Lochearn Nursing Home, LLC d/b/a FutureCare Lochearn

In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju

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George White v. Jubitz Corporation

Plaintiff walked into a bar. He was injured when the stool he sat on collapsed beneath him and he sued defendant, the bar owner and operator, for the injuries that he incurred. A jury awarded plaintiff $37,600 in economic damages, approximately the amount that plaintiff's medical providers had billed him for their services. Plaintiff was over 65 years old and, pursuant to the federal Social Sec

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