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NITTA v. DEPT. OF HUMAN SERVICES

SCWC-17-0000432.

520 P.3d 241 (2022)

Frederick NITTA, M.D., Respondent/Appellant-Appellant, v. DEPARTMENT OF HUMAN SERVICES, State of Hawai`i, Petitioner/Appellee-Appellee, and Cathy Betts, Director, Respondent/Appellee-Appellee.

Supreme Court of Hawai`i.

November 4, 2022.

Attorney(s) appearing for the Case

Erin N. Lau , for petitioner.

Eric A. Seitz , Honolulu, for respondent, Frederick Nitta, M.D.

RECKTENWALD, C.J., McKENNA, WILSON, AND EDDINS JJ., AND CIRCUIT JUDGE KAWAMURA, IN PLACE OF NAKAYAMA, J., RECUSED.

I. Introduction

This case arises out of the State of Hawai`i Department of Human Services' ("DHS") attempt to recover payments made to Frederick Nitta, M.D. ("Dr. Nitta") from its Medicaid Primary Care Physician Program ("the Program"). The Program was established by a federal statute within the Affordable...

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