Appellant Mitchell Wall raises several challenges to his convictions and sentence following a pair of jury trials on drug offenses charged in two separate indictments, one alleging cocaine distribution resulting in a death and the other alleging a scheme to unlawfully obtain and distribute oxycodone. (1) He claims, inter alia, that his Sixth Amendment right to counsel was violated by admission

Plaintiff, Diane James, filed a retaliatory discharge case against her employer, defendant, Lifeline Mobile Medics. In May 2002, plaintiff won a jury verdict of $243,969.64 and the trial court entered judgment thereon. In August 2002, plaintiff started proceedings to collect her judgment and defendant filed an appeal (No. 4-02-0712). In September 2002, the parties agreed to settle the case with

The Medicare Act, 42 U.S.C. §§ 1395 et seq., contains a "disproportionate share hospital" (DSH) provision which permits additional reimbursement to hospitals that handle a disproportionate share of low-income patients. In the mid-1990s, many hospitals, including Plaintiffs, sued the Secretary(1) of Health and Human Services (HHS), claiming that his regulations improperly interpreted this prov

This appeal arises following the determination, by the Administrator of the Center for Medicare and Medicaid Services, that Rural Health Clinics in Louisiana do not furnish "hospital services", and hence are not eligible for certain reimbursements. Because we find that interpretation to be unreasonable, we REVERSE.

I. FACTS AND PROCEEDINGS

A. Statutory and regulatory background

(

The Medicare Act, 42 U.S.C. §§ 1395 et seq., contains a "disproportionate share hospital" (DSH) provision which permits additional reimbursement to hospitals that handle a disproportionate share of low-income patients. In the mid-1990s, many hospitals, including Plaintiffs, sued the Secretary(1) of Health and Human Services (HHS), claiming that his regulations improperly interpreted this prov

Plaintiffs, three disabled individuals receiving state-funded medical care as part of Oklahoma's Home and Community-Based Services ("HCBS") Waiver Program, the "Advantage Program," ask us to decide whether the defendants, the Oklahoma Health Care Authority ("OHCA")--the state agency that administers the Medicaid program for Oklahoma--and Mike Fogarty, in his official capacity as CEO of the OHCA

Christopher Cross, John Greene, and Timothy Ray Gean (together plaintiffs)(1) are young men who were formerly in the custody of the state of Tennessee. The defendants-appellants include George Hattaway, the Commissioner of the Tennessee Department of Children's Services (DCS), Margaret Dorse, the Director of the Fiscal Services branch of the DCS, and C. Warren Neel, the Commissioner of the Tenn

Bingham Livestock Transportation, Inc., brought this action for injunctive and declaratory relief against the Inspector General of the United States Department of Transportation. The United States District Court for the District of Utah denied Bingham Livestock's motion for summary judgment and granted the government's motion to dismiss or, alternatively, for summary judgment. Bingham Livestock

As a participant in the federal Medicaid program, the State of California has agreed to abide by certain requirements imposed by federal law in return for federal financial assistance in furnishing medical care to the needy. (See Harris v. McRae (1980) 448 U.S. 297, 308.) The California Medical Assistance Program, Medi-Cal (Welf. & Inst. Code, §§ 14000-14198), "represents California's impl

Plaintiff, B & R Therapy Services, Inc., appeals from the dismissal of its action for breach of contract or, in the alternative, for quantum meruit against defendants, Colonial Health Care Center, Inc., et al. We affirm.

Plaintiff filed the present action in St. Louis County, Missouri, against defendants, Colonial Health Care Center, Inc., and Colonial Pavillion. L.L.C., (hereinafter coll

The issue before the Court is whether Southern Jersey Family Medical Centers, Inc. (Southern Jersey) qualifies for an exemption from local property taxes for the 1999 tax year because its property located at 932 South Main Street, Pleasantville, is actually and exclusively used for a tax-exempt charitable purpose.

Southern Jersey is a non-profit, community health-care facility that

False Claims Act - Three San Antonio, Texas affiliates of Christus Health of Houston have paid the United States $1.36 million to settle claims that the Christus affiliates defrauded Medicare and Medicaid from 1997 through 2000, the Justice Department announced today. The civil settlement resolves allegations that Primary CareNet of Texas (PCN) (also known as Christus Primary CareNet) and Healt

On July 19, 1998, Margaretha Sauer died at the Mena Medical Center following a five and one-half year stay at Rich Mountain. She was 93 years old. Mrs. Sauer's discharge summary revealed that the cause of her death was severe electrolyte abnormalities, with contributing factors of "Alzheimer's type, dementia[,]" and protein calorie malnutrition.

The events leading up to Mrs. Sauer's death

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 issue

This appeal arises from a judgment by the Cole County Circuit Court reversing the decision of the Administrative Hearing Commission ("Commission"). The Commission ruled that the Missouri Department of Social Services, Division of Medical Services ("the Division") could recoup payments previously made to Psychiatric Healthcare Corporation ("Hospital") for medical care and treatment of Medicaid b

This appeal arises out of a claim for medical malpractice filed originally by appellee, Genevieve D. Mezzanotte, against appellants, Robert Hardi, M.D., his professional corporation, Robert Hardi, M.D., P.C. (sometimes collectively referred to as Dr. Hardi), and another physician, Dr. Joel Match. After a bench trial, based upon the record of evidence adduced at an earlier trial, which resul

Ernest Grant, a mentally retarded nursing home resident, sued three Texas state officers in their official capacities for failing to provide him with adequate information about community-based placement alternatives to nursing home care. Grant claims that without this information, he and others similarly situated are unable to make fully informed decisions regarding their living options. B

Plaintiffs Linda K. Villagrana and Carolyn Malm appeal the district court's dismissal of their claims against representatives of the State of Utah (the State) and its agencies. Plaintiffs claim entitlement to a portion of the proceeds owed to the State under a settlement agreement with several large tobacco companies. Because plaintiff Villagrana's claims are barred by the doctrine of res judic

This is an appeal from a judgment on the pleadings entered against plaintiff on his Unfair Practices Act complaint Appellant Joel K. Parnell had medical insurance through the Wholesale Beer Distributor Industry Trust Health Plan (the Plan). The Plan had entered into a contract with Community Care Network (CCN), a "preferred provider" network, which in turn had contracts for medical services wi

In this case, eight non-profit organizations of health care professionals appeal from the adoption of regulations by the Commissioner of Banking and Insurance (Commissioner): N.J.A.C. 11:3-29 Appendix, Exhibit 1; N.J.A.C. 11:3-29.4(m); and N.J.A.C. 11:3-29.4(o). Appellants argue that the Commissioner violated N.J.S.A. 39:6A-4.6 and acted outside the authority delegated to her under the statute

This case involves the interpretation of Medicaid statutes, as well as Edward Miller's will and its pourover trust created for the lifetime benefit of his surviving spouse, Mary Sylvia Miller. At issue is whether the State of Kansas Department of Social and Rehabilitation Services (SRS) should consider any part of the trust principal to be a resource available to Mrs. Miller when considering he

In 1998, a number of States, including the Commonwealth of Pennsylvania, settled their lawsuits against the major tobacco companies. Under the Tobacco Settlement, the Tobacco Companies agreed to pay the Commonwealth of Pennsylvania more than $11 billion. Plaintiffs, a class of Pennsylvania Medicaid recipients who have various smoking-related illnesses, believe that a provision

Appellant Adriana Cano, M.D. brought suit against her former employer, appellee North Texas Nephrology Associates ("NTNA"), for breach of contract, fraudulent inducement, and for a declaratory judgment. Appellant moved for a partial summary judgment on the liability portion of her breach of contract claim, which the trial court denied. The case was tried before a jury, and at the close of appellan

In this guardianship case, we must determine whether the evidence is legally and factually sufficient to support the trial court's finding that the applicant/appellee, Harris County Guardianship Program ("the Program"), proved by clear and convincing evidence that respondent/appellant, Jeanette Lynn Hinrichsen, was incapacitated, that guardianship was in her best interest, and that her rights woul

This appeal arises from a class-action challenge to that portion of the Michigan Medicaid plan's methodology for calculating eligibility and benefits for relatives caring for dependent children that treats non-parents differently from parents. Under Michigan's plan, "medically needy" caretakers of dependent children must incur a specific amount of monthly out-of-pocket expenses for medical care b