Avante at Boca Raton, Inc.; Avante at Inverness, Inc.; Avante Villa at Jacksonville Beach, Inc.; Avante at Lake Worth, Inc.; Avante at Leesburg, Inc.; Avante at Melbourne, Inc.; Avante at Mt. Dora, Inc.; Avante at Orlando, Inc.; Avante at Ormond Beach, Inc.; and Avante at St. Cloud, Inc. (collectively, the Nursing Homes), challenge the final judgment entered after jury trial in favor of Senior Car... More...   $0 (10-19-2012 - FL)

This is an appeal from a judgment rendered after a jury verdict that awarded Sadler Clinic Association, P.A. tort damages in the amount of $307,935 and Oncology Reimbursement Services, L.P. contract damages in the amount of $57,583. Sadler Clinic Association, P.A., Greater Houston Radiation Oncology, P.A., and Oncology Management Services, L.P. were awarded no damages on their breach of contract c... More...   $0 (10-04-2012 - TX)

This appeal raises the issue of whether a non-assignable annuity contract that provides
17 the spouse of an institutionalized person with monthly payments counts as an excess resource
18 that must be spent down before the institutionalized person can receive Medicaid benefits under
19 the Medicare Catastrophic Coverage Act of 1988 (“MCCA”). Before the United States District
20 ... More...   $0 (10-02-2012 - CT)

Commencing on or about the 3rd day of August, 2009 and continuing thereafter. the defendants, by and through their agents and/or employees, herein negligently rendered treatment below acceptable medical standards to the plaintiff Kenneth Randy Whipple.

2. Commencing on or about the 3rd day of August, 2009, and continuing thereafter, the defendants, by and through their agents and/br emplo... More...   $1 (10-02-2012 - OK)

On May 5, 2011, Sandra M. Bontrager filed a putative class action complaint challenging Indiana’s $1,000 annual limit for dental services covered by Medicaid. The district court granted Bontrager’s request for a preliminary injunction, holding that Indiana is required to cover all medically necessary dental services, irrespective of the monetary cap.

We affirm.

I. BACKGROUND
<... More...   $0 (09-26-2012 - IN)

The State of Nebraska Lincoln mental health practitioner Katherine Zupancic d/b/a Zupancic Consulting on a fraud theory claiming that the Defendant filed medicaid claims between July 1, 2002 and July 31, 2007 for which there was no supporting documentation.... More...   $99785 (09-15-2012 - NE)

Breton Lee Morgan appeals a district court order dismissing his action challenging the decision of the Secretary of the United States Department of Health and Human Services ("the Secretary") to exclude him for five years from participating in Medicare, Medicaid, and all other federally sponsored health care programs pursuant to the applicable terms of 42 U.S.C.A. § 1320a-7(a)(3) (West 2011). Fin... More...   $0 (09-13-2012 - WV)

¶1 The Arizona Health Care Cost Containment System (“AHCCCS”) appeals the superior court’s determination that AHCCCS lacked jurisdiction and legal authority to bring an enforcement action against McKesson Corporation under Arizona’s False Claims Act.1 As explained below, because AHCCCS adopted administrative rules2 that limited its authority to impose civil penalties only against “provi... More...   $0 (09-10-2012 - AZ)

The Appellants, Harris Schwartzberg, Maxwell Stolzberg, and multiple trusts are among the defendants in nursing home litigation brought by the Appellee, Kim K. Knobloch, as the personal representative of the Estate of William Knobloch, deceased. The Appellants challenge the circuit court's order denying their motions to dismiss for lack of personal jurisdiction.1 Because Ms. Knobloch failed to est... More...   $0 (09-07-2012 - FL)

This appeal arises from a claim filed by the Idaho Department of Health and Welfare (the Department) in the probate proceeding of George D. Perry, the deceased spouse of a Medicaid recipient, Martha J. Perry. The Department sought to recover funds under I.C. § 56-218 from the sale of the couple’s home—their only significant asset—to recoup Medicaid benefits paid to Martha during her lifetim... More...   $0 (08-09-2012 - ID)

This appeal arises from a claim filed by the Idaho Department of Health and Welfare (the Department) in the probate proceeding of George D. Perry, the deceased spouse of a Medicaid recipient, Martha J. Perry. The Department sought to recover funds under I.C. § 56-218 from the sale of the couple’s home—their only significant asset—to recoup Medicaid benefits paid to Martha during her lifetim... More...   $0 (08-09-2012 - ID)

Plaintiff-Appellant Rebecca Gonzalez (“Relator”) brought a qui tam action under the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq., against Defendants-Appellees Fresenius Medical Care North America, Fresenius Medical Care Holdings, Inc., Bio-Medical Applications of Texas, Inc. (collectively, “Fresenius”), and Alfonzo Chavez, M.D. Relator also brought retaliation claims against Fre... More...   $0 (07-31-2012 - TX)

¶ 1 This case involves a medical malpractice lawsuit brought by Jerome Wilson and Leilani Wilson on behalf of their son, Jared. The Wilsons allege that employees of IHC Hospitals, Inc. (IHC) breached their duty of care during Ms. Wilson’s labor and delivery of Jared. The Wilsons further claim that IHC’s negligence caused Jared to suffer severe brain damage. The Wilsons tried their claims to a... More...   $0 (07-20-2012 - UT)

Greenbrier Nursing and Rehabilitation Center (“Greenbrier”), a skilled nursing facility in Greenbrier, Arkansas, petitions for review of a civil money penalty imposed by the Secretary of the Department of Health and Human Services for noncompliance with Medicare participation requirements. We deny the petition for review.

I.

Skilled nursing facilities must comply with comprehensi... More...   $0 (07-18-2012 - MO)

Kristopher Gohl, Individually; Kristopher Gohl, As Guardian Of The Person Of Adrian L Gohl An Incapacitated Person, And Kristopher Gohl As Natural Parent And Next Friend Of Lily Simone Gohl And Kwintin Werner Gohl Minors, Plaintiffs, sued Martin K Jones MD, Martin K Jones MD INC., Luis A Reina MD, Luis A Reina MD Inc PC, David W Behm DO, David W Behm LLC, Janelle Lewis-Brown LPN, Jennife... More...   $1 (07-11-2012 - OK)

The Medicare Catastrophic Coverage Act of 1988 (“MCCA”) allows the spouse of an applicant for long-term care benefits to keep a certain amount of resources without affecting the applicant’s eligibility. See 42 U.S.C. § 1396r-5(c)(2) & (f)(2). This Community Spouse Resource Allowance (“CSRA”) permits an “institutionalized spouse” to obtain Medicaid assistance for nursing home or simi... More...   $0 (07-10-2012 - OK)

The Medicare Act sets forth a federally funded health insurance program for the aged and disabled that includes hospice care designed to provide terminally ill patients with palliative care. Howard Back brought this suit alleging that Secretary of Health and Human Services Kathleen Sebelius violated her duties under the Medicare Act and the Fifth Amendment Due Process Clause by failing to provide ... More...   $0 (07-05-2012 - CA)

In 2010, Congress enacted the Patient Protection and Affordable CareAct in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision isthe individual mandate, which requires most Americans to maintain“minimum essential” health insurance coverage. 26 U. S. C. §5000A.For individuals who are not exempt, and who do not receive he... More...   $0 (06-28-2012 - GA)

This case involves the interaction between state and federal law under the Medicaid system, a cooperative program between the state and federal governments to provide medical assistance to those with limited financial resources. Seeking to stamp out abusive manipulation of trusts to hide assets and thereby manufacture Medicaid eligibility, Congress created a comprehensive system of rules mandating... More...   $0 (06-24-2012 - PA)

¶1 This case comes before us on certification from the court of appeals. The State brought a civil action against Pharmacia Corporation ("Pharmacia"), alleging that the company reported inflated drug prices to Wisconsin Medicaid. A jury found Pharmacia liable for violating Wisconsin Statutes sections 100.18(1) (1992)[1]——the Deceptive Trade Practices Act ("DTPA")——and 49.49(4m)(a)2. (... More...   $9000000 (06-23-2012 - WI)

Yusuf Elias Farran appeals from an order granted a plea to the jurisdiction filed by the Canutillo Independent School District and dismissing Farran’s claims with prejudice. We affirm in part and reverse and remand in part.



FACTUAL SUMMARY

CISD hired Farran in 2004 for the position of Construction Administrator and he was later promoted to Executive Dire... More...   $0 (06-14-2012 - TX)

Robinson suffered a devastating gunshot injury which rendered him totally and permanently disabled. After the Medicaid program had expended the concededly reasonable amount of $244,590.57 for his past medical expenses, he received a $1 million settlement from a tortfeasor which was stipulated to represent compensation only for past and future medical expenses and nothing for any intangible element... More...   $0 (06-13-2012 - FL)

Sarah Hale sued Dr. Joel Razook, P.C. and Dr. Joel C. Razook on wrongful termination theories claiming that that she was wrongfully terminated by Defendants based on gender discrimination, sexual harassment, hostile work environment, unlawful interference with her employment, retaliation in employment with conduct that also constituted a Burk tort for violation of Oklahoma Public Policy when she r... More...   $68000 (06-05-2012 - OK)

Finding no error in the determination that Appellant, Bettye Byrd, was properly assigned to Tier Three of the Medicaid Developmental Disabilities Home and Community Based Services Waiver Program, we affirm the final order of the Agency for Persons with Disabilities. Because it is undisputed that Appellant did not satisfy any of the criteria set forth in section 393.0661(3)(b), Florida Statutes, an... More...   $0 (05-18-2012 - FL)

The Appellants, Harris Schwartzberg, Maxwell Stolzberg, and multiple trusts are among the defendants in nursing home litigation brought by the Appellee, Kim K. Knobloch, as the personal representative of the Estate of William Knobloch, deceased. The Appellants challenge the circuit court's order denying their motions to dismiss for lack of personal jurisdiction.1 Because Ms. Knobloch failed to est... More...   $0 (05-16-2012 - FL)