Tuesday, October 11, 2011
Ind. Decisions - Transfer list for week ending October 7, 2011
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Here is the Clerk's transfer list for the week ending October 7, 2011. It is two pages (and 21 cases) long.
One transfer was granted last week:
- Randall L. Woodruff, Trustee, U.S. Bankruptcy
Court, on behalf of Legacy Healthcare, Inc., d/b/a
New Horizon Developmental Center v. Indiana
Family and Social Services Administration, Office
of Medicaid Policy and Planning,an April 11th COA opinion:
Because of conditions at the facility, the Indiana Family and Social Services Administration, Office of Medicaid Policy and Planning, terminated its provider agreement with Legacy Healthcare, Inc., d/b/a New Horizon Developmental Center, which cared for some of the most severely and profoundly mentally retarded and developmentally disabled patients in Indiana, all of whom relied on Medicaid. For the next nine months, however, the Medicaid patients remained at New Horizon with New Horizon paying for their care and services until a receiver was appointed and the residents were finally transferred.
We conclude that once a provider agreement with a long-term care facility such as New Horizon has been voluntarily or involuntarily terminated, FSSA, as the State Medicaid Agency, has the primary responsibility for relocating the Medicaid patients and for ensuring their safe and orderly transfer from the old facility. In addition, FSSA is responsible for the care and services provided to the Medicaid patients during the transfer process. Because New Horizon paid these costs instead of FSSA, New Horizon is entitled to summary judgment on its nearly $4 million quantum meruit claim. We therefore reverse and remand this case.
Posted by Marcia Oddi on October 11, 2011 12:53 PM
Posted to Indiana Transfer Lists