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Tag Archives: Administrative

Medicare provider must reimburse agency for overpayments (access required)

Where a Medicare-certified home health services provider should have known, based on publicly available guidance, that certain claims it submitted were not actually covered by Medicare, the provider was required to reimburse the Department of Health and Human Services for ...

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CBD and THC-A oils approval properly granted (access required)

The Virginia Board of Pharmacy’s decision to approve Dharma Pharmaceuticals as a dispensary of CBD and THC-A oils was neither arbitrary nor capricious. A motion to dismiss New Age Care’s appeal of the administrative decision is granted. Ruling “The Court ...

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Tesla can own and operate car dealership (access required)

The commissioner of the Department of Motor Vehicles correctly ruled that Tesla Motors fell within an exception to the statutory ban of motor vehicle manufacturers owning and operating a car dealership. Overview Code § 46.2-1572(4) prohibits automobile manufacturers from owning, ...

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Whistleblower’s claims not covered by Sarbanes-Oxley (access required)

Northrop Grumman successfully argued that an employee’s complaint was not within the scope of the Sarbanes-Oxley Act, or SOX, and she therefore could not claim whistleblower protection under the Act. An ALJ’s order in favor of the employee was vacated. ...

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Agency not required to release hunting documents proactively (access required)

Animal rights groups were not entitled to an injunction compelling the Fish and Wildlife Service to release proactively documents related to trophy imports of African elephants and lions under the Freedom of Information Act because the act only applies to ...

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Rescission of DACA was arbitrary and capricious (access required)

The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals policy established in 2012 was arbitrary and capricious because the memo explaining that decision did not identify any basis for the department’s view that the program ...

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Nursing home fined for failing to facilitate dental surgery (access required)

A nursing home violated the quality of care regulation governing Medicaid providers when it failed to provide a medical clearance for approximately eight months so that one of its residents could undergo a necessary tooth extraction surgery. Background The West ...

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School’s accreditation loss did not violate due process rights (access required)

Where a decision to revoke a school’s accreditation after the school failed to meet graduation rate requirements relied on a recommendation made by a team that included the president of a competing school, the level of competition between the schools ...

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