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EYECARE v. DEPARTMENT OF HUMAN SERVICES

No. 07-1698.

770 N.W.2d 832 (2009)

American EYECARE, Appellant, v. DEPARTMENT OF HUMAN SERVICES, Appellee.

Supreme Court of Iowa.

Rehearing Denied August 27, 2009.

Attorney(s) appearing for the Case

David A. Hirsch, Des Moines, for appellant.

Thomas J. Miller, Attorney General, and Diane M. Stahle, Special Assistant Attorney General, for appellee.

STREIT, Justice.

American Eyecare billed Medicaid for comprehensive eye examinations it performed on its patients. The Department of Human Services (DHS) determined the exams should have been billed as intermediate exams because the services rendered did not meet the definition of "comprehensive ophthalmological services." DHS demanded American Eyecare repay the overpayment. Because DHS's interpretation of "comprehensive ophthalmological services" is erroneous and...

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