August 2017 - Page 3 of 4 - Administrative Law Report

DCH may recoup reimbursements paid to provider due to agency error.

Mobile Med, Inc. sought and obtained reimbursement for supplying Medicaid members with two ventilators each—one primary, and one “back-up” ventilator—over the course of two years, despite a provision in the Department of Community Health’s (DCH) provider manual that allowed for reimbursement for only one ventilator per member. DCH was authorized to recoup the overpayment even […]

DCH may recoup reimbursements paid to provider due to agency error. Read More

Judge ruled on value of conservation easement for tax credit purposes.

Environmental Law

The Department of Natural Resources’ (DNR) certification of a $67,500 tax credit for Petitioner River Refuge, LLC’s donation of a conservation easement was supported by a preponderance of the evidence. DNR based the amount of the tax credit on an appraisal completed by the State Properties Commission, which determined that the total value of the

Judge ruled on value of conservation easement for tax credit purposes. Read More

Hearsay concerning sexual contact with students sufficient to give cause to report

Educators

A student’s report concerning what another student had told him about a teacher molesting him was sufficient to give rise to a duty to report.

Hearsay concerning sexual contact with students sufficient to give cause to report Read More

Officer parking behind Petitioner but not fully blocking him constituted a first-tier encounter

DUI

An officer did not initiate a traffic stop requiring reasonable articulable suspicion by parking his patrol car behind another vehicle, approaching the driver, and asking about his previous and current activities.

Officer parking behind Petitioner but not fully blocking him constituted a first-tier encounter Read More

The agency failed to support its position that blindness/hearing loss were not functional impairments.

Medicaid Eligibility

The Department of Community Health failed to support its argument that a SOURCE beneficiary could not show that she met the level of care requirements through evidence of blindness and partial hearing loss because such deficits did not constitute “functional impairments” covered by the Program.

The agency failed to support its position that blindness/hearing loss were not functional impairments. Read More

Reconsideration granted where body-cam footage showed that office read implied consent prior to placing driver under arrest.

DUI

The Department of Driver Services was not authorized to suspend a driver’s license because, as shown on bodycam footage, the driver was read the implied consent notice prior to being placed under arrest.

Reconsideration granted where body-cam footage showed that office read implied consent prior to placing driver under arrest. Read More