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Tag Archives: Administrative

Administrative – Stark Law Violations – False Claims Act – Constitutional – Jury Trial – Hospital (access required)

U.S. ex rel. Michael K. Drakeford MD v. Tuomey Healthcare System Inc. A federal appeals court vacates a $45 million judgment against a Sumter, S.C., health care system for Stark Law violations and sends the case back, saying the district court’s handling of the case violated the defendant’s Seventh Amendment right to a jury.

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Administrative – Commission of Indian Affairs – Jurisdiction – Intra-Tribal Dispute – Unfilled Seat (access required)

Meherrin Tribe of North Carolina v. North Carolina State Commission of Indian Affairs A review of G.S. §§143B-405 through -407 reveals that the General Assembly intended for the Commission of Indian Affairs to serve an advocacy and resource provision function and not to resolve intra-tribal disputes, such as the issue of who is to fill the Meherrin seat on the Commission.

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Administrative – Medicaid Lien – Medical Malpractice Settlement – Past Medical Expenses Limit (access required)

E.M.A., a minor v. Cansler, Sec’y DHHS North Carolina’s third-party liability statutes, under which it asserts a lien for one-third of an infant Medicaid recipient’s $2.9 million med-mal settlement, do not comply with federal Medicaid law, which limits a state’s recovery to past medical expenses, and the 4th Circuit vacates judgment for the state and remands for further proceedings consistent with the federal anti-lien provision.

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Administrative – Health Care Personnel Registry – Patient Abuse Allegation – Labor & Employment (access required)

Byrom v. Department of Health & Human Services, Division of Health Service Regulation At an assisted living facility, activities assistant Rodriquez allegedly stuck her head inside a resident’s room and saw petitioner sexually abusing the resident by standing behind her and rubbing her breasts. However, Rodriquez did not intervene and did not immediately tell her fellow activities assistant who was standing down the hall. Instead, Rodriquez went to her supervisor’s office to report what she had seen.

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Administrative – Driver’s License – Restoration – ‘Excessive User of Alcohol’ (access required)

Simpson v. Robertson Fifteen years after having his driver’s license permanently revoked because of multiple DWIs, petitioner presented evidence that he only occasionally drinks beer or wine. Respondent denied the petition based on its misconstruction of the term “excessive user of alcohol” to include “anyone [who] consumes an alcohol[ic] beverage and operates a motor vehicle to any degree” and anyone who does not totally abstain from drinking rather than exceeding what is usual, proper, necessary, or normal. Respondent incorrectly imposed a higher standard on petitioner than required by N.C. law; thus, its decision was arbitrary and capricious.

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Administrative – Immigration – Naturalized Citizen – Passport Applications — False Statements – ‘Father’ of Stepsons (access required)

U.S. v. Sarwari An Afghan native who became a naturalized U.S. citizen and works as a translator cannot overturn his convictions for making false statements on passport applications based on identifying himself on the applications as the “father” of his three stepsons; although the application form does not define “father” and common usage of “father” may include “stepfather,” the 4th Circuit upholds the convictions.

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Labor & Employment – Public Employees – Civil Practice – Administrative – Judicial Review — Writ of Certiorari (access required)

Gasper v. Board of Trustees Since there were no policies provided by Halifax Community College or by statute to establish procedures for the review of a decision by HCC’s board of trustees to dismiss an employee, in order to obtain judicial review of his termination, plaintiff could only petition for writ of certiorari. The superior court lacked subject matter jurisdiction over plaintiff’s complaint.

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Administrative – Immigration – Removal Order – ‘Moral Turpitude’ – Contributing to the Delinquency of Minor (access required)

Prudencio v. Holder The 4th Circuit vacates a Board of Immigration Appeals’ order of removal for an El Salvadorian native and lawful permanent resident whose removal was ordered after he was charged with a sexual offense against a minor and pleaded guilty to contributing to the delinquency of a minor; the BIA used the wrong method to evaluate what is a crime of “moral turpitude

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