Medicaid Law
 
Orlan O. Garwood, et al. v. William J. Garwood

[¶1] On May 2, 2006, Appellee, William J. Garwood (Mr. Garwood), initiated this lawsuit in order to have the district court direct the Appellants, who are the Trustees of the W. J. Garwood and Mildred E. Garwood Trust (Family Trust), to pay to him a sum of money sufficient to provide for his support in the manner to which he was accustomed.

The Appellants are two of his three children, C

More...   $0 (10-22-2008 - WY)

Larry Elam v. Michael Neidorff

This appeal arises out of a securities fraud class action against Centene Corporation; Michael Neidorff, Centene’s Chairman and Chief Executive Officer; Karey L. Witty, Centene’s Senior Vice President and Chief Executive Health Plan Business; and J. Per Brodin, Centene’s Senior Vice President and Chief Financial Officer (collectively “defendants”). Plaintiffs alleg

More...   $0 (10-17-2008 - MO)

United States of America, ex rel. Brian E. Conner, M.D. etc. v. Salina Regional Health Center, Inc.

Brian E. Conner, M.D., and Brian E. Conner, M.D., Chartered1 (“Conner”) brought this qui tam action on behalf of the United States and against Salina Regional Health Center, Inc. (“SRHC”), alleging, among other things, violations of the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq. Conner asserted that SRHC violated the FCA by seeking payment for Medicar

More...   $0 (10-02-2008 - KS)

United States of America v. Staten Island University Hospital

Staten Island University Hospital (SIUH) has agreed to pay the United States $74,032,565 to settle claims that the hospital defrauded Medicare, Medicaid and the military’s health insurance program, TRICARE, announced Benton J. Campbell, U.S. Attorney for the Eastern District of New York and Gregory G. Katsas, Assistant Attorney General for the Justice Department’s Civil Division. In

More...   $74000000 (09-15-2008 - NY)

United States of America v. Cooper University Hospital

Cooper University Hospital in Camden, N.J., has agreed to pay the United States $3.85 million, plus interest, to settle allegations that it defrauded Medicare, the Justice Department announced today.

The settlement resolves allegations that the hospital improperly increased charges to Medicare patients to obtain enhanced reimbursement from the federal health care program. In addition to its

More...   $3850000 (09-24-2008 - NJ)

U.S. ex rel. Thompson et al. v. Walgreen Co.

Illinois-based national retail pharmacy chain Walgreens has paid the United States and four participating states $9.9 million to resolve allegations of falsely billing the Medicaid program. Walgreens submitted claims to Medicaid agencies in four states for prescription drugs dispensed to persons covered both by Medicaid and by private third-party insurance. The retail pharmacy chain allegedly char

More...   $9900000 (10-02-2008 - MN)

Eduardo J. Guzman, M.D. v. Sandra Shewry, Director of the California State Department of Health Care Services

We must decide whether a district court abused its discretion in denying a physician a preliminary injunction to halt his temporary suspension from California’s Medi-Cal program based on his claims that such suspension violates federal Medicaid law and is prohibited by the Due Process Clause of the Fourteenth Amendment.

I

A

Medicaid is a cooperative federal-state progra

More...   $0 (09-23-2008 - CA)

Independent Living Center of Southern California, Inc., et al. v. Sandra Shewry, Director of the Department of Health Care Services, State of California

Petitioner-appellants, a group of pharmacies, health care providers, senior citizens’ groups, and Medi-Cal beneficiaries (collectively “ILC”),1 seek to enjoin a state official from implementing legislation reducing payments to medical service providers under the state’s Medicaid program, known as “Medi-Cal,” by ten percent. ILC alleged in its complaint that th

More...   $0 (09-19-2008 - CA)

Mark Shook, et al. v. The Board of County Commissioners of the County of El Paso and Terry Maketa

Plaintiffs Mark Shook and Dennis Jones, along with several intervenors, appear before us for the second time to contest the district court’s denial of their motion to certify a class action consisting of all present and future mentally ill inmates at Colorado’s El Paso County Jail. In their first appeal, we held that in denying class certification the district court erred by relying

More...   $0 (09-09-2008 - CO)

Randall L Woodruff v. Jo Ann Mason, et al.

Legacy Healthcare, Inc. (Legacy) and its predecessor, Community Care Centers, Inc. (Community), operated a number of long-term care facilities in Indiana. On February 18, 2000, Legacy brought this action under 42 U.S.C. § 1983, alleging that employees of the Indiana Family and Social Services Administration (FSSA) and the Indiana State Department of Health (ISDH) violated its rights under the F

More...   $0 (09-05-2008 - )

Yanira Montanez v. Temple University Health System Hospitals

Yanira Montanez sued Temple University Health System Hospitals on a medical negligence (medical malpractice) claiming that she did not receive appropriate care and treatment when she went to the emergency room at the hospital complaining of nausea, vomiting, headaches, and numbness in her face, arms and legs. The differential diagnosis process resulted in a probable diagnosis that Montanez was suf

More...   $11200000 (09-06-2008 - PA)

Christopher McMillian v. Cassandra M. Stroud, et al.

Appellant Christopher McMillian, through his guardian ad litem, Marguerite McMillian, challenges the probate court’s order directing him to pay a lien issued by respondent State Department of Health Care Services (Department or respondent) under the Medi-Cal California Medical Assistance Program (Medi- Cal) (Welf. & Inst. Code, § 14000 et seq.)1 We affirm.

RELEVANT FACTUAL AND PRO

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Della Dial, et al. v. Healthspring of Alabama, Inc., Marcus Trotter

This appeal presents the question whether a complaint about conduct regulated by the Medicare Act filed in a state court may be removed to a federal court. Seven individual beneficiaries of the federal Medicare program filed a complaint against Healthspring of Alabama, Inc., the administrator of a Medicare Advantage health-insurance plan. Healthspring removed the case to a federal court and assert

More...   $0 (09-02-2008 - AL)

American Civil Liberties Union of New Mexico and Peter G. Simonson v. City of Albuquerque

{1} This appeal raises questions as to the continued viability of New Mexico’s enduring justiciability principles that govern who has standing to bring suit in our state courts. Our current standing doctrine generally requires litigants to allege three elements: (1) they are directly injured as a result of the action they seek to challenge; (2) there is a causal relationship between th

More...   $0 (06-27-2008 - NM)

Do Sung Uhm, et al. v. Humana, Inc., et al.

Plaintiff-Appellants Do Sung Uhm and Eun Sook Uhm (“the Uhms”) appeal the district court’s order dismissing their complaint against Defendant-Appellees Humana Health Plan, Inc. and Humana, Inc. (collectively “Humana”) on the ground that their claims are preempted by the express preemption provision of the Medicare Prescription Drug Improvement and Modernization Act o

More...   $0 (08-25-2008 - CA)

County of Santa Clara v. Astra USA, Inc., et al.

Certain federally funded medical clinics — so-called “Section 340B covered entities” — are able to purchase prescrip- tion drugs at a discount from drug manufacturers under a standardized agreement between the federal government and the drug companies. During 2003, for example, these covered entities spent $3.4 billion on outpatient prescription drugs. They claim in this

More...   $0 (08-27-2008 - CA)

Cleveland A. Tyson v. Amerigroup Corporation

Amerigroup Corporation has agreed to pay $225 million to resolve claims that it defrauded the Illinois Medicaid program, the Justice Department and the Attorney General of Illinois announced today. Amerigroup, which is headquartered in Virginia Beach, Va., operates managed health care plans throughout the United States.

Today’s settlement resolves allegations that Amerigroup and it

More...   $225000000 (08-18-2008 - IL)

Soverign Bank v. BJ's Wholesale Club, Inc.; Fifth Third Bancorp

In these consolidated appeals, Sovereign Bank and the Pennsylvania State Employees Credit Union appeal orders dismissing claims that arose from the theft of certain credit card information from a retailer’s computer files. For the reasons that follow, we will reverse in part, and affirm those orders in part.

I. BACKGROUND These consolidated appeals involve two law suits that arose fr

More...   $0 (08-04-2008 - PA)

American Civil Liberties Union of New Mexic (ACLU) v. City of Albuquerque

{1} This appeal raises questions as to the continued viability of New Mexico’s enduring justiciability principles that govern who has standing to bring suit in our state courts. Our current standing doctrine generally requires litigants to allege three elements: (1) they are directly injured as a result of the action they seek to challenge; (2) there is a causal relationship between th

More...   $0 (07-30-2008 - NM)

KT&G Corp., Xcaliber International Limited, LLC. v. Attorney General of the State of Oklahoma

In 1998, forty-six states, as well as several territories (“the settling states”), entered into a Master Settlement Agreement (“MSA”) with the four major tobacco companies. By that agreement, the settling states agreed to release the tobacco companies from liability for claims the states had against them to recover for tobacco-related health costs, and the tobacco companies

More...   $0 (07-30-2008 - OK)

Sheila M. Wills v. Inman E. Foster, Jr.

In this personal injury case, the jury’s damages award included the full amount of plaintiff’s billed medical expenses. At issue is whether the trial court erred in reducing the jury’s award of medical expenses to the amount actually paid by Medicaid and Medicare in full settlement of the bills. In addressing this issue, we will answer questions about the operation of the coll

More...   $0 (07-17-2008 - IL)

Sugar Cohens v. Donald McGee

In this personal injury action, plaintiff appeals a judgment that reduced the economic damages that a jury had awarded her. The trial court reduced the damage award by the amount of charges that plaintiff's medical provider had "written off" pursuant to its agreement with the Oregon Health Plan (OHP) for medical services that it had provided to plaintiff to treat the injuries caused by defendant's

More...   $0 (03-31-2008 - OR)

Oklahoma Foundation for Medical Quality v. The Department of Central Services and Oklahoma Health Care Authority

1 In this accelerated appeal under the Oklahoma Administrative Procedures Act, 75 O.S.2001 & Supp. 2007 §§ 250.1 through 323, Oklahoma Foundation for Medical Quality (Foundation) seeks review of the trial court's dismissal of its petition for review. Foundation sought review of the Oklahoma Department of Central Services' (Central Services) award of a State Medicaid utilization and review contra

More...   $0 (12-31-2007 - OK)

State of Alabama v. Astrazeneca

The State of Alabama sued Astrazeneca on a fraud theory claiming that the drug company defendant listed one price on state Medicaid purchase lists, which Alabama was obligated to pay, then charged wholesalers far, far below list price. This created huge profits, some of them 800 times the cost of the drugs.

Astrazeneca denied wrongdoing.

More...   $215000000 (02-22-2008 - AL)

Elena M. Del Campo, etc. v. George Kennedy, District Attorney, et al.

Our question is whether a private company contracting with a district attorney for services related to a diversion program is entitled to state sovereign immunity. We decide that it is not.

I.

American Corrective Counseling Services ("ACCS"), a private corporation, contracted with the District Attorney for Santa Clara County, California, (the "DA") to run a bad check diversion pr

More...   $0 (02-19-2008 - CA)

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