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FINNERTY v. THORNTON HALL, INC.

Record No. 2082-03-1.

593 S.E.2d 568 (2004)

42 Va. App. 628

Patrick W. FINNERTY, Director, Virginia Department of Medical Assistance Services v. THORNTON HALL, INC.

Court of Appeals of Virginia, Richmond.

March 9, 2004.

Attorney(s) appearing for the Case

Paige S. Fitzgerald, Special Counsel (Jerry W. Kilgore, Attorney General; David E. Johnson, Deputy Attorney General; Siran S. Faulders, Senior Assistant Attorney General, on briefs), for appellant.

Laura G. Aaron (Jessica S. Jones; Healthcare Regulatory Advisors, Inc., on brief), for appellee.

Present: HUMPHREYS, CLEMENTS and KELSEY, JJ.

KELSEY, Judge.

In Smith v. Liberty Nursing Home, Inc., 31 Va.App. 281, 297, 522 S.E.2d 890, 897-98 (2000), we held that Code § 32.1-325.1:1(B) establishes a "mandatory limitation" period within which the Virginia Department of Medical Assistance Services (DMAS) must make an "initial determination" of Medicaid overpayment to a provider. The failure to meet this deadline bars any administrative...

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