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Evidence insufficient to show “alter ego”

Topic: Health Law, Decided by Judge Schroer 
Docket Number: 1847952 , Decision Date: 2018-10-04 
Attachment: Click here to download the decision. 

Text messages and statement in lease regarding payment of security deposit insufficient to show “alter ego.”

Maximum civil penalty not authorized

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1834337 , Decision Date: 2018-08-28 
Attachment: Click here to download the decision. 

DCH was not authorized to impose the maximum civil penalty against a personal care home where it did not show that the deficiencies placed hospice patient at risk of harm, discomfort, or death.

Durable power of attorney for healthcare is not equivalent to advance directive

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1707847 , Decision Date: 2016-12-13 
Attachment: Click here to download the decision. 

Staff members of a personal care home (PCH) did not perform CPR on a resident upon discovering him unconscious.  The owner of the PCH argued that its staff members were not obligated to perform CPR because the resident had a durable power of attorney for [..] Read More..

Transfer penalty must be applied month of asset transfer or date of Medicaid eligibility

Topic: Health Law, Decided by Judge Teate 
Docket Number: ******* , Decision Date: 2016-12-16 
Attachment: Click here to download the decision. 

After she received a $41,000 lump-sum settlement in a lawsuit, a nursing home resident made a gift of $23,724.  She simultaneously loaned $16,000 to her daughter, who executed a promissory note obligating her to repay the sum in monthly installments for the resident’s nursing home [..] Read More..

Revocation of driver’s license upheld where driver susceptible to loss of consciousness.

Topic: Health Law, Decided by Judge Teate 
Docket Number: 1645561 , Decision Date: 2016-09-13 
Attachment: Click here to download the decision. 

The Department of Driver’s Services properly revoked a driver’s license because the driver suffered a loss of consciousness and his providers did not thereafter produce documentation that he had been free of episodes of unconsciousness for one year.

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

Topic: Health Law, Decided by Judge Woodard 
Docket Number: 1732250 , Decision Date: 2017-06-26 
Attachment: Click here to download the decision. 

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 [..] Read More..

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