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Tag Archives: Administrative

Administrative – Civil Practice – Service of Process – Time Enlargement (access required)

Schermerhorn v. North Carolina State Highway Patrol Even though petitioner served his petition for judicial review on the respondent-agency’s counsel, an assistant attorney general, such service was inadequate to meet G.S. § 150B-46’s requirement that copies of the petition be served “upon all who were parties of record to the administrative proceedings.”

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Environmental – Administrative – Licenses & Permits – Real Property — Fill — Wetlands – Freshwater (access required)

State ex rel. N.C. Department of Environment & Natural Resources v. Pharr The trial court’s findings of fact and conclusions of law make it clear that the Army Corps of Engineers’ issuance of fill permits to the defendant-landowners did not “tip the scale” in favor of the landowners. The trial court gave more weight to the opinions of the landowners’ experts than to the plaintiff-agency’s expert in finding that any occasional flooding of the landowners’ property was due to rain and runoff rather than the tides.

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Administrative – Medicaid – Fraud Investigation – Payment Suspension – ‘Good Cause’ Determination – Constitutional – Due Process (access required)

Team Daniel, LLC v. North Carolina Department of Health & Human Services, Division of Medical Assistance 42 C.F.R. § 455.21(a)(1) says Medicaid payments must be suspended during the investigation of a credible allegation of fraud unless good cause is found for not suspending payments or suspending them in part only. The chief of the Division of Medical Assistance Program Integrity Behavioral Health Section testified several times that his section made no effort to consider good cause prior to suspending payments to petitioner, and there is no evidence that anyone else gave any consideration to the regulation’s “good cause” exceptions prior to imposing the suspension.

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Administrative – Medicare – Convicted Doctor – Hydrocodone Samples – Statutory Ban (access required)

Morgan v. Sebelius A physician who obtained hydrocodone samples for his personal use by misleading sales representatives into believing the samples were for patients, and who pleaded guilty to knowingly obtaining a controlled substance by fraud, cannot avoid the ban on participating in the Medicare and Medicaid programs by arguing that the statutory ban under 42 U.S.C. § 1320a-7(a)(3) only applies to “financial misconduct”; the 4th Circuit dismisses the physician’s challenge to application of the ban.

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