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Tag Archives: Administrative

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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Provider failed to comply with background check policies (access required)

Medicaid payments made to an authorized Medicaid provider were properly retracted by the state agency in charge of administering Medicaid because the provider failed to provide the agency with the results of background checks conducted on the provider’s employees as ...

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Adjoining property owners both liable for environmental response costs (access required)

Where a property owner agreed to remove mine tailings from the property of an adjoining landowner after the adjoining landowner was notified that the mine tailings were discharging pollutants into a nearby stream, and the delay in removal, coupled by ...

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Government not liable for state’s reduction of Medicaid (access required)

Where the state reduced certain services available to plaintiffs under its Medicaid waiver program, the plaintiffs could not sue the federal government for its failure to provide proper oversight of the state’s Medicaid program. Background Richard Stogsdill and Robert Levin ...

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EPA had discretion on water quality standards (access required)

The Environmental Protection Agency was not required to accept a standard proposed by a wastewater treatment plant that utilized an older methodology previously used by the EPA. Moreover, the EPA’s decision to examine the standard using the most innovative technology ...

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Dismissal of church’s suit against Baltimore County vacated (access required)

The dismissal of a church’s suit was vacated, allowing it to pursue claims against Baltimore County alleging it discriminated against the church on religious grounds in violation of a federal statute and the Constitution by denying it permission to operate ...

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Pipeline construction can begin before compensation paid (access required)

Where a plaintiff was entitled to use eminent domain to obtain rights-of-way to portions of private property, that plaintiff was likewise entitled to begin construction on those properties before the value of just compensation had been determined and paid. Background ...

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