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Intercept of Tax Refund Affirmed

Topic: Child Support, Decided by Judge Schroer 
Docket Number: 2117618 , Decision Date: 2021-04-30 
Attachment: Click here to download the decision. 

Petitioner argued that the portion of his refund in the form of a partial credit attributable to a dependent daughter living with him should be exempt from intercept. The agency’s action was affirmed.

Standing of Facility in Medicaid Appeal

Topic: Medicaid Eligibility, Decided by Judge Howells 
Docket Number: 2117014 , Decision Date: 2021-04-28 
Attachment: Click here to download the decision. 

The Court rejected the Facility’s argument that it had standing or authority to appeal the denial of a resident’s Medicaid application and found that the hearing request was untimely.

Implied Consent Notice Invalidated

Topic: DUI, Decided by Judge Brown 
Docket Number: 2114653 , Decision Date: 2021-03-24 
Attachment: Click here to download the decision. 

Officer’s statements that decision whether to submit to chemical test “made no difference” and that refusal to take the test “would not make things worse” or “change anything” invalidated implied consent notice.

Updated Civil Penalties Not Retroactive

Topic: Health Law

The agency could not apply its updated civil penalty scheme retroactively; the fine imposed on a personal care home should reflect the rules and regulations in effect at the time the violations occurred.

Excessive Prescription of Opioids

Topic: Professional Licensing, Decided by Judge Malihi 
Docket Number: 2109138 , Decision Date: 2021-05-05 
Attachment: Click here to download the decision. 

Revocation of physician’s license was recommended, based on unprofessional conduct and failure to maintain appropriate medical records, where physician prescribed excessive amounts of opioids without medical justification.

PSC’s Denial of Application Reversed

Topic: Educators, Decided by Judge Teate 
Docket Number: 2109032 , Decision Date: 2021-03-08 
Attachment: Click here to download the decision. 

Where Petitioner did not have a conviction related to marijuana, but he had admitted he possessed marijuana, his application was denied. The agency’s action was reversed, and a modified sanction was imposed, because the PSC’s rule provides for sanction based on either the commission or [..] Read More..

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