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Administrative – Doctor Reports Nondisclosure Is Not Black Lung ‘Fraud’
Fox v. Elk Run Coal Co. (Lawyers Weekly No. 001-009-14, 20 pp.) (Wilkinson, J.) No. 12-2387, Jan. 3, 2014; On Petitions for Review; 4th Cir. Holding: A coal company’s failure […]
Administrative – Medical Facility — Department of Health & Human Services (DHR) — Certificate of Need — Final Agency Decision
Holly Springs Hosp. II, LLC v. N.C. Dep’t of Health & Human Servs. The court affirms the N.C. Department of Health and Human Services’ (DHR) final agency decision denying petitioner Holly Springs Hospital II, LLC a Certificate of Ne[...]
Administrative – Shark Finning Charge – 5% Presumption – Rebuttal – Burden of Persuasion
Etheridge v. Pritzker Once plaintiffs showed that they had fished largely for sandbar sharks (which have a higher fin-to-carcass ratio), kept all eight fins instead of only four, kept the fins on water and ice, kept extra meat on the fins, [...]
Administrative – Certificate of Need – Substantial Prejudice – Rule 41(b) — Endoscopy
Caromont Health, Inc. v. North Carolina Department of Health & Human Resources A state agency properly concluded that a Certificate of Need was not improperly granted where a competing facility failed to prove that it suffered substanti[...]
Administrative – Certificate of Need ¬– Substantial Prejudice – Rule 41(b) — Endoscopy
Caromont Health, Inc. v. North Carolina Department of Health & Human Resources A state agency properly concluded that a Certificate of Need was not improperly granted where a competing facility failed to prove that it suffered substanti[...]
Administrative – Civil Practice – Standing – ‘Person Aggrieved’ – Civil War Monument Removal
Historical Preservation Action Committee, Inc. v. City of Reidsville Plaintiffs were not “persons aggrieved” and did not have standing to seek a declaratory ruling from state agencies that a Civil War monument was state property that had[...]
Administrative – Medicaid Provider – Termination of Enrollment – Agency Discretion – Burden of Proof – Criminal History
Powell’s Medical Facility v. North Carolina Department of Health & Human Services Petitioners had the burden of proving their contention that the respondent-agency failed to exercise its discretion when it decided to terminate the pe[...]
Administrative – Constitutional – Due Process – Replacement ALJ – Labor & Employment – Public Employees
Coats v. North Carolina Department of Health & Human Services The administrative law judge who heard petitioner’s case resigned before making a decision. Since plaintiff did not show that he was prejudiced by the substitution of a ne[...]
Administrative – DMV Hearings – Corporate – Attorneys – Representation Required
In re Twin County Motorsports, Inc. In a proceeding before the Division of Motor Vehicles, a corporation may not proceed pro se; it must be represented by an attorney.
Administrative – Providers Have Viable Challenge to Virginia COPN
Colon Health Centers of America LLC v. Hazel, Sec’y of Virginia Health & Human Resources A district court erred in dismissing a Commerce Clause challenge by out-of-state medical providers to Virginia’s requirement for a Certificate[...]
Administrative – Patient Advocacy Group – Official Designee – Peer Review Materials
Disability Rights North Carolina v. Moses H. Cone Memorial Hospital Operating Corp. Because the defendant-hospital is required to produce peer review records to plaintiff – designated by the governor as the state’s protection and advoc[...]
Administrative – Exhaustion Requirement – Futility – Failure to Plead – Health Insurance – Public Employees
Kane v. North Carolina Teachers’ & State Employees’ Comprehensive Major Medical Plan All parties knew that it would be futile for plaintiff to exhaust her administrative remedies with regard to her constitutional claims, and plainti[...]
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