28 results for 'cat:"Administrative Law" AND cat:"Health Care"'.
J. Virden finds the circuit court properly granted the behavioral health facility's petition to involuntarily commit the psychiatric patient. The patient absconded after a supervisory petition was granted, then was admitted to the facility with exacerbated psychosis. The patient, diagnosed with bipolar mania, has not complied with medication requirements and has refused therapy. She has been uncooperative, irritable and paranoid, has demonstrated poor judgement, and lacks insight into her condition. She has also been arrested for assault and presents a danger to herself and others. The appeals court defers to the circuit court's superior position. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: May 1, 2024, Case #: CV-23-465, Categories: administrative Law, health Care, Commitment
J. Lawrence finds that the lower court properly dismissed the complaint in this declaratory judgment action concerning certain immunization requirements for emergency medical service workers. Contrary to the appellants' argument on appeal, "the EMS Board did not exceed its statutory authority in issuing the EMS immunization rule." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 25, 2024, Case #: 2024ME30, Categories: administrative Law, health Care
J. Stiglich finds the district court improperly granted injunctive relief preventing the Secretary of State from placing an initiative petition on the ballot. The reproductive rights advocacy group's initiative petition would grant individuals the right to make all their own decisions regarding a pregnancy. An opposing group asserted the initiative violated the single-subject requirement, as it considered medical procedures unrelated to pregnancy or abortion. The petition has a single subject of establishing a fundamental right to reproductive freedom. All the provisions are germane or functionally related to that subject. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 87681, Categories: administrative Law, Elections, health Care
J. Kelly grants the hospital's motion for summary judgment in its suit against the Secretary of Health and Human Services challenging an administrative finding that the Provider Reimbursement Review Board could not review the hospital's full-time equivalent resident cap for the years from 2004-2007, in which it inadvertently omitted four programs from reimbursement calculations. The Board's decision was based on a flawed reading of the Medicare Modernization Act. The hospital's full-time equivalent resident cap was not an unreviewable "determination" made by the Secretary. Even if it was, the 2006 and 2007 caps are not precluded from review, since the Secretary only used the hospital's 2002 cap in determining the hospital's "otherwise applicable resident limit."
Court: USDC District of Columbia, Judge: Kelly, Filed On: March 30, 2024, Case #: 1:20cv3160, NOS: Medicare Act - Contract, Categories: administrative Law, health Care
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J. Ahuja finds that the lower court properly set aside the board's disciplinary order revoking the nurse's license for diverting opioid pain medication for her own personal use. The nurse immediately entered a rehab program after she was fired, and then went to work at a dialysis center where she had no access to opioids and was promoted twice. The board's decision ignored the circumstances of the nurse's rehabilitation, and punished her for being honest about her addiction. Reversed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: March 12, 2024, Case #: WD86087, Categories: administrative Law, health Care
J. Edwards upholds the district court's dismissal of a medical company's case challenging the Centers for Medicare and Medicaid Services' issuance of two technical letters instructing Medicare contractors to deny reimbursement for claims for products manufactured by the company. The agency has rescinded the letters. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: February 16, 2024, Case #: 23-5020 , Categories: administrative Law, health Care, Medicare
Per curiam, the appellate division finds that the administrative judge properly found the nurse committed category two neglect while caring for adults with developmental disabilities at a registered facility. The evidence supported the finding that the nurse failed to follow the medication protocol by not administering anti-seizure medication to a resident following her third seizure. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 14, 2024, Case #: 00766, Categories: administrative Law, health Care
J. Nichols finds, in part, for a pharmaceutical company on its action against the Food and Drug Administration for its failure to hold a hearing on the company's challenge to its refusal to approve its drug, Hetlioz, for jet lag disorder. The FDA fails to show its delay in acting on the company's request for a hearing is merely modest, nor has it shown it will be unduly burdened by quickly commencing a hearing.
Court: USDC District of Columbia, Judge: Nichols, Filed On: January 26, 2024, Case #: 1:22cv2775, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: administrative Law, health Care
J. Thissen reverses the human service commissioner's order requiring the Medicaid vendor to return overpayments. While the failure to maintain health service records does qualify as "abuse" in connection with the provision of medical care to recipients of public assistance under the relevant statute, the human services department failed to explain why its payments to the vendor were improperly paid as a result of that abuse. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: January 10, 2024, Case #: A21-1477, Categories: administrative Law, health Care, Medicaid
J. Kollar-Kotelly finds, in part, for a group of hospitals on their appeal of the Provider Reimbursement Review Board's dismissal of their administrative appeal challenging the Medicare compensation they received. Contrary to the board's determination, it had jurisdiction over their appeal, as the Centers for Medicare & Medicaid Services' publications are considered final determinations.
Court: USDC District of Columbia, Judge: Kollar-Kotelly, Filed On: October 31, 2023, Case #: 1:17cv545, NOS: Medicare Act - Contract, Categories: administrative Law, health Care, Medicare
J. Zahn finds that substantial evidence supported lower court determinations that an assisted living facility failed to provide a safe living environment or follow federal guidance for Covid-19 infection control training. The district court properly upheld a hearing officer's decision that new admissions to the facility could be banned until it complied with the guidance. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: September 22, 2023, Case #: 49852-2022, Categories: administrative Law, health Care, Covid-19
J. Katsas upholds the district court's decision to set aside a review board's determination that a hospital failed to prove an undercount of its Medicare patients who were entitled to social security income benefits, which in turn, would have entitled the hospital to greater Medicare reimbursements. The hospital provided evidence to support its undercount claim, to which the Department of Health and Human Services did not respond. Affirmed.
Court: DC Circuit, Judge: Katsas, Filed On: September 1, 2023, Case #: 20-5350 , Categories: administrative Law, health Care, Medicare
J. Soto finds the Texas Health & Human Services Commission did not err in fining and revoking the license of a home healthcare company following a range of alleged regulatory violations. The company argued there was not adequate evidence to support this action, but the company “does not even address the merits of most of the violations,” and HHSC is “broadly empowered” to revoke licenses. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: August 14, 2023, Case #: 08-22-00223-CV, Categories: administrative Law, health Care, Due Process
J. Connolly partially reverses the district court's grant of summary judgment to the human services department and commissioner in the county-based Medicaid purchasers' suit against them seeking to halt the adoption of a managed-care procurement model in their counties. The department's procurement process violates two of the three purchasers' rights to participate in mediation, but not the third. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: August 14, 2023, Case #: A22-1643, Categories: administrative Law, health Care, Medicaid
J. Boulware Eurie finds that the trial court erred in upholding a state department of health approval of a non-governmental entity's application to distribute clean needles and syringes to IV drug users. The department did not adequately consult with local law enforcement or provide a 90-day public comment period. Reversed.
Court: California Courts Of Appeal, Judge: Bouwarie Eurie, Filed On: August 14, 2023, Case #: C095659, Categories: administrative Law, health Care
J. Reilly reverses the human services commissioner's decision determining that the healthcare provider was responsible for overpayments of Minnesota Health Care Programs funds. Monetary recovery of such funds is only possible under state law when a healthcare vendor is improperly paid as a result of "abuse," and the commissioner did not make an adequate showing to that effect. The commissioner did not, however, improperly delegate her authority by allowing the director of the department's appeals office to author the department's opinion. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Reilly, Filed On: July 24, 2023, Case #: A22-1688, Categories: administrative Law, health Care
J. Pulliam finds the Department of Veterans Affairs acted in an “arbitrary and capricious manner” when it reversed a decision from an administrative board in favor of a doctor who had faced allegations of medical wrongdoing following an EEOC complaint by that doctor. While that board cleared the doctor of any wrongdoing except for one minor instance where it questioned her “decision-making,” that decision was reversed by a top VA official on the dubious grounds that he “personally” felt the decision was wrong. Reversed.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: July 14, 2023, Case #: 5:22cv75, NOS: Civil Rights - Habeas Corpus, Categories: administrative Law, Government, health Care
J. Cruz finds a lower court improperly denied a proposed marijuana dispensary's motion to unseal documents submitted to the Arizona Department of Health Services. The health services argued that it properly granted a medical marijuana dispensary registration to a third party, and that it was not obligated to provide the proposed dispensary with confidential documents. However, the court has special action jurisdiction to view certain confidential documents that are not exempt under Arizona Public Records rules. Remanded in part.
Court: Arizona Court Of Appeals Division One, Judge: Cruz, Filed On: July 13, 2023, Case #: 1 CA-SA 23-66, Categories: administrative Law, health Care, Discovery