Medicaid Law
 
State of Kentucky v. AstraZeneca, P.L.C.

Attorney General Jack Conway today announced that a Franklin Circuit Court jury has handed down a $14.7 million verdict against global pharmaceutical giant AstraZeneca for defrauding the Medicaid program and Kentucky consumers by inflating the prices of their prescription drugs.

The Kentucky Medicaid program relies on published average wholesale prices (AWPs) to calculate Medicaid drug-

More...   $14700000 (10-16-2009 - KY)

Sara Lacy v. New Horizons, Inc. d/b/a New Frontier ICF/MR, d/b/a New Horizons Texarkana TX, et al.

Defendant New Horizons Inc. (New Horizons) operated nine long-term-care facilities for mentally retarded adults in Oklahoma, and four in Texas, known as Intensive Care Facilities for the Mentally Retarded (ICF/MR).1 It employed Sara Lacy as a case manager and Qualified Mental Retardation Professional from June 1999 to June 2004. After New Horizons terminated her employment, she brought this action

More...   $0 (10-09-2009 - OK)

All-Ways Logistics v. USA Truck

This breach-of-contract case arises out of a commission agreement entered into by All-Ways Logistics, Inc., and USA Truck, Inc. Following a jury trial, the District Court1 awarded All-Ways approximately $3 million on its breach-of-contract claims, as well as prejudgment interest and attorney fees. USA Truck appeals, arguing that the District Court erred by (1) failing to instruct the jury on an af

More...   $0 (10-06-2009 - AR)

State of Wisconsin v. Pharmacia, Inc.

The State of Wisconsin sued Pharmacia, Inc. on a fraud theory claiming that defendant misrepresented prices and defrauded Wisconsin's Medicaid system. The State sought $35 million in damages.

The defenses asserted by Pharmacia, Inc. are not available.

More...   $4500000 (10-01-2009 - WI)

State of Oklahoma ex rel. Protective Health Services State Department of Health v. Bernadine Vaughn

¶1 The first impression issue in this case is whether a certified nurse aide's photocopying a resident's medication record and releasing it to the Equal Employment Opportunity Commission (EEOC) requires the Oklahoma State Health Department (the Department) to make a finding of misappropriation of a resident's property and place the finding on the Oklahoma Nurse Aide Registry pursuant to title 4

More...   $0 (09-15-2009 - OK)

Constance J. Jarvis v. Constance M. Lieder, et al.

A constructive trust arises ‘‘when the legal title to property is obtained by a person in violation, express or implied, of some duty owed to the one who is equitably entitled, and when the property thus obtained is held in hostility to his beneficial rights of ownership. . . . The specific instances in which equity impresses a constructive trust are numberless,—as numberless as

More...   $0 (09-15-2009 - CT)

Steffan Hobbs v. Marsha Zenderman, et al.

Steffan Hobbs, by and through his parents as next friends, sued several employees of the New Mexico Human Services Department (“NMHSD”) following that agency’s denial of Hobbs’ application for Medicaid benefits. NMHSD’s denial turned on its determination that a certain trust was a “countable resource” because the trust was not being administered for Hob

More...   $0 (09-01-2009 - NM)

Christopher Torretti v. Main Line Hospital

This is our first opportunity to confront the Emergency Medical Treatment and Active Labor Act (“EMTALA” or the “Act”). 42 U.S.C. § 1395dd, et seq. Among other things, the Act forbids hospitals from refusing to treat individuals with emergency conditions, a practice often referred to as “patient dumping.”

Appellants Christopher and Honey Torrettiâ

More...   $0 (09-02-2009 - PA)

United States of America v. Pharmacia & Upjohn Company d/b/a Pfizer

American pharmaceutical giant Pfizer Inc. and its subsidiary Pharmacia & Upjohn Company Inc. (hereinafter together "Pfizer") have agreed to pay $2.3 billion, the largest health care fraud settlement in the history of the Department of Justice, to resolve criminal and civil liability arising from the illegal promotion of certain pharmaceutical products, the Justice Department announced today.

More...   $2300000000 (09-03-2009 - MA)

Franklin Memorial Hospital v. Brenda M. Harvey

Since 1989, Maine has required all hospitals to provide free medical services to certain low income patients under a set of statutes and regulations collectively known as "free care laws." See Me. Rev. Stat. Ann. tit. 22, §§ 1715, 1716; 10-144-150 Me. Code R. § 1.01 et seq. Maine's free care laws do not reimburse the hospitals for their expenses incurred in delivering care to low income p

More...   $0 (08-05-2009 - ME)

United States, ex rel. Mark Eugene Duxbury and Dean McClellan v. Ortho Biotech Products, L.P.

This appeal concerns the qui tam provisions of the False Claims Act (the "FCA"), 31 U.S.C. § 3730, which allow whistleblowers (called "relators") to bring certain fraud claims on behalf of the United States. Footnote The relators in this case, the plaintiffs-appellants Mark Duxbury and Dean McClellan (together, the "Relators"), alleged that defendant-appellee Ortho Biotech Products, L.P. ("OBP

More...   $0 (08-13-2009 - MA)

Grand River Enterprises Six Na v. Mike Beebe

Grand River Enterprises Six Nations, Ltd., and Heber Springs Wholesale Grocery, Inc. (collectively "appellants") allege that Arkansas Code Annotated § 26- 57-261 ("Allocable Share Amendment") violates the Sherman Act and various sections of the United States Constitution and the Arkansas Constitution. Mike Beebe, in his official capacity as Attorney General for the State of Arkansas ("the State

More...   $0 (08-04-2009 - AR)

Corine Broadnax v. Quince Nursing and Rehabilitation Center, LLC

In her deposition, Ms. Broadnax discussed a different situation that she claims gave rise to her signing the Admission Agreement and Arbitration Agreement. She stated that at some point Decedent was transferred from Nursing Home to the hospital. After her release from the hospital, Decedent returned to the Nursing Home. Ms. Broadnax claims that a representative of the Nursing Home telephoned her s

More...   $0 (08-11-2009 - TN)

Sheriff Phillips, M.D. v. Pitt County Memorial Hospital; et al.

Dr. Sherif A. Philips instituted two civil actions challenging the suspension of his practice privileges at Pitt County Memorial Hospital ("the Hospital"). In addition to supplemental state law claims, he alleged violations of 42 U.S.C. § 1983 based upon putative infringements of his Fourteenth Amendment due process rights surrounding the proceedings that resulted in his suspension. He contends

More...   $0 (07-13-2009 - NC)

Chicago Title Insurance Company v. Daniel Ellis


In this appeal, we consider the tort of conversion as it applies to money rather than chattels. More specifically, we consider whether defendants who received fraudulently obtained money must repay it to the rightful owner even if they had no knowledge of the fraud.

Plaintiff Chicago Title Insurance Company seeks to recoup from defendants portions of more than $22 million dollars def

More...   $0 (07-21-2009 - NJ)

Mark Turner v. Memorial Medical Center

Plaintiff, Mark Turner, brought a retaliatory discharge action in the circuit court of Sangamon County against defendant, Memorial Medical Center (Memorial). The circuit court dismissed plaintiff’s first-amended complaint pursuant to section 2–615 of the Code of Civil Procedure (735 ILCS 5/2–615 (West 2006)). A divided panel of the appellate court upheld the dismissal. No. 4â

More...   $0 (06-18-2009 - IL)

Carol A. Glaser v. Wound Care Consultants, Inc., Melissa E. Miller, and Dr. Steven Miller

Carol Glaser received medical treatment from Wound Care Consultants and was later contacted by an attorney who told her that Wound Care might have improperly billed Medicaid for her treatment. She filed this qui tam action under the False Claims Act (“FCA”), 31 U.S.C. § 3730, seeking recovery as a relator for money the government paid as a result of alleged false or fraudulent Medic

More...   $0 (07-02-2009 - IN)

Agnes Carvalho v. Estate of Donald L. Carvalho

This case requires us to decide whether and in what circumstances a person who has disclaimed an interest in property under the Uniform Disclaimer of Property Interests Act, codified at 14 V.S.A. §§ 1951-1959, may revoke that disclaimer. Agnes Carvalho appeals the superior court’s summary judgment order precluding her from revoking a disclaimer of her interest in her son’s es

More...   $0 (06-12-2009 - VT)

Sarah Grammer v. John J. Kane Regional Centers - Glen Hazel

We are asked in this appeal to determine whether an action will lie under 42 U.S.C. § 1983 to challenge the treatment Appellant’s decedent received (or did not receive) at the Appellee nursing home – treatment Appellant argues violated the Federal Nursing Home Reform Amendments (FNRA), 42 U.S.C. § 1396r et seq. We answer that question in the affirmative and will reverse and rem

More...   $0 (07-03-2009 - PA)

LaMont G. Bailey, et al. v. E. Mitchell Roob, Jr., et al.

Years ago, a group of plaintiffs and the Indiana Medicaid program’s administrators agreed to certain terms for the handling of applications to the disability program in Indiana: most relevant for present purposes was a concession that the program would compile a complete twelve-month medical history before reaching a decision on the application. Now, several members of the affected class wa

More...   $0 (06-08-2009 - IN)

Froedtert Memorial Lutheran Hospital, Inc. v. National States Insurance Company and The Loren Ledger Trust

¶1 DAVID T. PROSSER, J. This is a review of a published decision of the court of appeals, Froedtert Memorial Lutheran Hospital v. National States Insurance Co., 2008 WI App 58, 310 Wis. 2d 476, 750 N.W.2d 926. The decision affirmed an order of the Milwaukee County Circuit Court, Patricia D. McMahon, Judge, granting Froedtert Memorial Lutheran Hospital's (Froedtert) motion for summary judgment a

More...   $0 (05-13-2009 - WI)

Marquette General Hospital, Inc. v. Bryan K. Chosa and the County of Baraga

Plaintiff Marquette General Hospital (the Hospital) appeals as of right the Baraga Circuit Court’s order granting summary disposition in favor of defendants. At issue is defendant Baraga County’s liability for the cost of medical services provided by the Hospital for defendant Bryan Keith Chosa, who was at the time an inmate at the Baraga County Jail. Although the general legal princ

More...   $0 (05-26-2009 - MI)

Woodland Manor of Lawton Inc v. Oklahoma Health Care Authority

Woodland Manor of Lawton, Inc., et al. sought declaratory judgment that the Oklahoma Health Care Authority was underfunding Medicaid reimbursement to nursing homes. Plaintiffs claimed that the reimbursement rate for Medicaid patients does not cover the cost of caring for them. About 70% of nursing home residents in Oklahoma's 303 nursing homes are medicaid patients.

Defendant claimed t

More...   $0 (05-22-2009 - OK)

Andrew Giacalone v. Helen Ellis Memorial Hospital Foundation, Inc.

Andrew Giacalone petitions this court for a writ of certiorari to quash the circuit court's order denying his motion to compel responses to discovery requests propounded to Helen Ellis Memorial Hospital Foundation, Inc.1 We hold that the circuit court's order departed from the essential requirements of the law, causing material injury to Mr. Giacalone for which there is no adequate remedy at law.

More...   $0 (05-01-2009 - FL)

Tammy J. Adamson v. Kody J. Bicknell

Tammy J. Adamson appeals on a number of issues arising out of her personal injury suit against Kody J. Bicknell. Bicknell filed a cross-appeal with regard to a pretrial discovery determination made by the district court. For the reasons stated below, we reverse the district court's decision to deny Adamson's motion to amend petition to include punitive damages and accordingly remand for a new tria

More...   $0 (05-15-2009 - KS)

Next Page