Supreme Court of the United States · Official docket →
CHS-Glenwell Inc., et al. v. Ohio Department of Medicaid
Paid petition · Court of Appeals of Ohio, Franklin County, No. 18AP-897 · judgment October 22, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Ohio’s Medicaid agency, in an administrative hearing, erroneously interpreted an inapplicable federal regulation. On appeal the common pleas court rejected the erroneous interpretation. The appellate court gave deference to the agency’s interpretation, rejected the lower court’s interpretation and reinstated the agency’s misapplication of the federal rule. The Questions presented are:
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Is a state Medicaid agency entitled to deference in judicial review of the agency’s interpretation of an unambiguous, inapplicable federal Medicare regulation?
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Is due process denied when a federal regulation is construed and applied by a state agency extending the federal regulation’s application beyond the adopting federal agency’s construction and application of the rule unless the state agency has adopted as a rule its interpretation prior to application of the change to those affected?
Counsel of record
For petitioner
Geoffrey E. Webster
For respondent
Benjamin Michael Flowers
Ohio Attorney General Dave Yost
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jul 21 2021DISTRIBUTED for Conference of 9/27/2021.
- Jul 19 2021Waiver of right of respondent Ohio Department of Medicaid to respond filed.
- Jul 14 2021Petition for a writ of certiorari filed. (Response due August 16, 2021)