Colorado has a waiting list of hundreds of developmentally disabled persons who need but do not receive Medicaid-funded services. Six such persons and an association of providers brought this suit under 42 U.S.C. §1983, claiming that the State of Colorado has failed to comply with three requirements of the Medicaid Act, namely reasonable promptness, comparability, and sufficient payments. Aft

The decision of the Court of Appeals (Opinion) in this case is reversed for the reason stated in the dissenting opinion that the Division of Medical Assistance (DMA) is subrogated to the entire amount of plaintiff's $100,000 settlement with a pediatrician for medical malpractice pursuant to its stat

Dr. Kenneth Orbeck sued the Marion County Medical Center on a qui tam (whistle blower) theory claiming that the hospital filed false claims Medicare, Medicaid, and Tricare reimbursement.

Animals (collectively "Relators") appeal the dismissal of their complaint for lack of subject matter jurisdiction under the False Claims Act's "public disclosure" jurisdictional bar, 31 U.S.C. § 3730(e)(4). We reverse.

I.

Relators brought this qui tam action under the False Claims Act ("FCA"), 31 U.S.C. §§ 3729-33, against Catholic Healthcare West and Dr. Michael Berens (

Attorney General Tom Corbett today announced that Pennsylvania received more than $2 million as part of a $124 million multi-state settlement with a Tennessee-based generic drug manufacturer accused of reporting inaccurate drug prices to the federal government as well as to state Medicaid programs.

Corbett said that the multi-state agreement was reached between 49 states and the District

Attorney General Jay Nixon today presented the Missouri Department of Social Services with a check for the state's share of a $124 million nationwide settlement with a pharmaceutical company. The company, King Pharmaceuticals Inc., incorrectly reported prices for its generic drugs, resulting in the underpayment of rebates to the state Medicaid program.

Missouri's leadership role in the settl

Attorney General Charlie Crist today announced a multimillion dollar settlement with Tenet Healthcare Corporation, resolving allegations that the company falsely inflated its hospitals' charges from 2000 to 2003 to obtain reimbursements from a Medicare fund. The agreement brings to a close a federal court lawsuit alleging that Tenet violated the federal and Florida Racketeer Influenced and Corr

The State of West Virginia sued Warrick Pharmaceuticals for fraudulent inflating the average wholesale price of albuterol, an inhalant used to treat asthma. The plaintiff alleged that Warrick defrauded the state and violated the state Consumer Protection Act by providing a "bogus" average wholesale price of albuterol to FirstData Bank. That price is the amount that the State paid to pharmacies

Per Curiam. The panel unanimously affirms the district court's grant of summary judgment for defendant on all claims. On the ERISA preemption, due process, and Commerce Clause issues, the panel unanimously adopts Judge Torruella's reasoning. As to the association standing, Takings Clause, and First Amendment issues, the joint concurring opinion of Chief Judge Boudin and Judge Dyk represents the

Defendant CalOptima is a county organized health system (COHS) providing services to Medi-Cal beneficiaries through contracts with various health care providers. Under its prior authorization policy, CalOptima requires long-term care providers to submit treatment authorization requests (TAR's)1 within 21 days of the patient's admission. This case arose out of six TAR's submitted by plaint

Qui Tam action against Robert Wachter and R. William Breece; American Healthcare Management Inc. (AHM); and the three nursing homes, Claywest House Healthcare LLC in St. Charles, Lutheran Healthcare LLC in north St. Louis County and Oak Forest North LLC.. The government alleged that AHM's fiscal constraints forced the nursing homes to have inadequate staffing of nurses and aides. The governmen

Attorney General Charlie Crist today announced the recovery of $54.1 million as part of a nationwide Medicaid fraud settlement with a pharmaceutical manufacturer that produces a drug used for treatment of AIDS patients. The settlement represents the largest damage award obtained by the state in the 40-year history of the Florida Medicaid program.

Serono Laboratories, Inc. marketed Serosti

Ven-A-Care of the Florida Keys, Inc., a small Florida company filed this whistle blower claim (Qui Tam - False Claims Act) on behalf of the United States of America against GlaxoSmithKline PLC for overcharging for Zofran and Kytril. The government claimed that Glaxo engaged in a scheme to inflate the price of Zofran and Kytril for the Medicare and Medicaid programs. They drugs are used mainly t

The False Claims Act provides that "[n]o court shall have jurisdiction" over a qui tam action based on allegations of fraud that already have been publicly disclosed, unless the relator was an "original source" of the information. 31 U.S.C. § 3730(e)(4)(A). In addition, the Act precludes any person from filing a subsequent "related action based on the facts underlying the pending action"

Mindy Reaves appeals the district court's1 order granting summary judgment for the Missouri Department of Elementary and Secondary Education ("Department"), the Missouri Division of Vocational Rehabilitation ("Division"), and D. Kent King

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in Reaves's action under the Rehabilitation Act of 1973 ("Act"), 29 U.S.C.§§ 701- 796l. We affirm.

I.

Reaves is a disabled person a

On this day came on to be considered the above-entitled and numbered cause in which the State of Texas is Plaintiff and American Arc Management Corporation d/b/a Family Health, Secure Care and Secure Health; Family Care, Inc.; National Association of Preferred Providers; Association Health Care Management, Inc., f/k/a Alternative Health Care Management, Inc f/k/a PPO Association Managers, I

This is a consolidated appeal from a judgment that denied Healthcare Services of the Ozarks, Inc., d/b/a Oxford Healthcare (Oxford) recovery of damages on breach of contract claims in separate actions brought against Pearl Walker Copeland and LuAnn Helms (Count I in each of Oxford's petitions), but held that Oxford was entitled to injunctive relief to enforce covenants not to compete executed b

Class-action lawsuit against Medicaid and the Department of Rehabilitation Services on behalf of 14,000 nursing home plaintiffs, ranging in ages from 36 to 50, who claimed that they could not obtain waivers to live at home or were about to lose their personal care attendant because of low pay.

Does the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601-2654, mandate strict liability for employers in all cases in which an employer interferes with an employee's FMLA rights? We conclude it does not. Sandra Throneberry (Throneberry) sued her employer, McGehee Desha County Hospital (Hospital), alleging three violations of the FMLA. After a jury trial, the district court

Plaintiffs were providers of outpatient behavioral health services. Defendants are various officers and employees of Oklahoma's state Medicaid Agency (the Oklahoma Health Care Authority). The Oklahoma Health Care Authority pays for medically necessary behavioral health services within the scope of the Medicaid program for qualified recipients.

Plaintiffs spoke publicly on a number of issu

Defendants Mike Fogarty, Terrie Fritz and Dana Brown, employees of the Oklahoma Health Care Authority ("OHCA"), seek an interlocutory appeal of the district court's order denying their request to file a third motion for summary judgment asserting that they are entitled to qualified immunity from plaintiffs' 42 U.S.C. § 1983 lawsuit. For the reasons that follow, we conclude we lack jurisdicti

�1 A single issue of first impression is presented1 - whether a trust, created for the primary purpose of providing nonmedical support and containing a provision allowing the trustee discretion to provide medical care if the beneficiary ceases to qualify for medical assistance programs,2 is [825 P.2d 1297] an available resource for medical assistance eligibility purposes.3 We find that

�1 Petitioner (plaintiff) sued Respondent (defendant) for wrongful death of plaintiff's decedent under several theories of recovery.1 Plaintiff alleged injuries and damages sustained as a result of the wrongful death of Ilar Hicks that were caused as a result of the acts, conduct and/or omissions of the defendant. The petition alleges that Ilar Hicks died as a result of sepsis, with a

This appeal presents several issues concerning qualification for Medicaid benefits for a spouse who requires care in a nursing facility while the other spouse remains in the community. We consider a regulation adopted by the State Medicaid agency to control allegedly abusive use of annuities to shelter marital assets. Petitioner challenges the regulation that allows the purchase of an annuity b

This is a Medicaid eligibility case in which the Kansas Department of Social and Rehabilitation Services (SRS) denied the application for benefits filed by Joan Seiker Wilson for her aunt, Regina Brewer (petitioner/appellee). SRS found that Brewer had nonexempt available resources in excess of regulatory limits because she held stocks worth approximately $33,000 in joint tenancy with two nieces