The published panel affirmed. Medicaid participation and audit rules did not make the asserted notice defects jurisdictional, and the Department’s notices identified data analysis as the ground for prepayment review while explaining the compliance standards applied. Federal rules did not require disclosure of audit details that could compromise program-integrity work.
The Fourth Department upheld a three-month retroactive limit on a nursing-home resident’s Medicaid undue-hardship waiver because she did not request the waiver with her original application.
The Alaska Supreme Court affirmed a 90-day civil commitment and involuntary-medication order, holding that the trial court made an obvious but nonprejudicial error by failing to clarify whether voluntary treatment had been offered.
The Commonwealth Court held that Pennsylvania’s Medical Marijuana Act did not prevent the Parole Board from denying street-time credit after a parolee’s third drug-related DUI.
The First DCA set aside the Department of Health’s denial of operating permits for a float tank therapy business, finding the Department improperly relied on an unadopted rule — the ‘2020 Float Tank Code’ — and failed to adequately explain its rejection of the ALJ’s findings.
The Second Department annulled a DOH denial of a Convaid Cruiser stroller for a man with quadriplegic cerebral palsy, finding the denial of the durable medical equipment was not supported by substantial evidence.
Appellate Division grants leave to replead disability discrimination claim for denial of parental NICU access, dismissing vague breach of contract claim against hospital.
Appellate Division affirms workers’ compensation death benefits for physical therapist assistant who contracted COVID-19 while working with nursing home patients and died in May 2020.
The Oregon Court of Appeals affirmed a 180-day involuntary commitment under the expanded chronic mental illness criteria of former ORS 426.005(1)(f)(C), holding as a matter of statutory interpretation that prior hospitalizations resulting from expanded-criteria commitments count toward the two-hospitalization prerequisite in sub-subparagraph (C)(ii), and that three mental health professionals’ testimony provided sufficient evidence that the patient’s current symptoms substantially resembled those preceding his prior commitments.