Administrative Law

Updates to Nursing Home Quality of Care Regulations

From time to time federal regulations covering nursing home quality of care are updated. Thus far, the following updates have…

11 months ago

Federal Nursing Home Quality of Care Regulations

Nursing homes that accept Medicare or Medicaid are required to comply with quality of care regulations. Although we have blogged…

11 months ago

Superior Court Review of Georgia ALJ Decision

In ____ v. Brock, Judge Schwall, Fulton County Superior Court), affirmed an administrative law judge's Final Decision as supported by…

1 year ago
State May Recoup Medicaid Benefits Incorrectly PaidState May Recoup Medicaid Benefits Incorrectly Paid

State May Recoup Medicaid Benefits Incorrectly Paid

In PR v. Division of Medical Assistance and Health Services (NJ. App. Div. 6/8/2023), the State was authorized to recover…

2 years ago
Administrative decisions and collateral estoppelAdministrative decisions and collateral estoppel

Administrative decisions and collateral estoppel

The collateral estoppel (issue preclusion) rule is part of the finality doctrine along with Res Judicata (claim preclusion). It general…

2 years ago
Nursing Home Quality of Care Regulations Amended to Remove Expired COVID-19 ProvisionsNursing Home Quality of Care Regulations Amended to Remove Expired COVID-19 Provisions

Nursing Home Quality of Care Regulations Amended to Remove Expired COVID-19 Provisions

On June 5, 2023, the Centers for Medicare and Medicaid Services (CMS) amended 42 C.F.R. § 483.80 (infection control) and…

2 years ago
Standing in Medicaid and Other CasesStanding in Medicaid and Other Cases

Standing in Medicaid and Other Cases

"In general, in order to maintain an action, a party “must establish standing to sue on the ground asserted, which…

2 years ago
No Right to Fair Hearing Unless You Complain About SomethingNo Right to Fair Hearing Unless You Complain About Something

No Right to Fair Hearing Unless You Complain About Something

In L.U. v. Division of Medical Assistance (N.J. Superior Court Docket A-2937-20, May 23, 2023), the Superior Court affirmed denial…

2 years ago
Selected Georgia Medicaid DecisionsSelected Georgia Medicaid Decisions

Selected Georgia Medicaid Decisions

The following Georgia Medicaid cases were litigated outside the context of an administrative hearing, or were appealed beyond that point.…

2 years ago
Pre-Hearing Conferences in Medicaid CasesPre-Hearing Conferences in Medicaid Cases

Pre-Hearing Conferences in Medicaid Cases

An ALJ may order a prehearing conference to simplify the issues being presented. Conferences may be held in person or…

3 years ago