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Psychologist not required at IEP meeting

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 1814155 , Decision Date: 2018-01-22 
Attachment: Click here to download the decision. 

IDEA does not require psychologist to attend IEP meetings to discuss psychoeducational evaluation results.

No jurisdiction to enforce resolution agreement

Topic: Special Education, Decided by Judge Schroer 
Docket Number: 1810683 , Decision Date: 2017-11-03 
Attachment: Click here to download the decision. 

OSAH does not have jurisdiction to enforce a Resolution Agreement reached through the State Complaint process.

Applicant attempted to falsify test results

Topic: Insurance, Decided by Judge Schroer 
Docket Number: 1833442 , Decision Date: 2018-05-21 
Attachment: Click here to download the decision. 

Affirming denial of insurance license to applicant who attempted to submit falsified copy of her test results.

No jurisdiction under Pharmacy Audit Bill of Rights

Topic: Procedure, Decided by Judge Schroer 
Docket Number: 1835380 , Decision Date: 2018-07-31 
Attachment: Click here to download the decision. 

OSAH does not have jurisdiction under the Pharmacy Audit Bill of Rights to adjudicate investigative audit of pharmacy conducted by pharmacy benefit manager.

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.

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