APPALACHIAN HEALTH v. HEALTH & HUMAN RES.

No. 11-1187.

752 S.E.2d 419 (2013)

APPALACHIAN REGIONAL HEALTHCARE, INC., d/b/a Beckley Arh Hospital, Plaintiff Below, Petitioner v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES; Karen L. Bowling, Secretary, in her official capacity and not individually; West Virginia Bureau for Medical Services; Nancy Atkins, Commissioner, in her official capacity and not individually, Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 21, 2013.


Attorney(s) appearing for the Case

Michael S. Garrison, Esq. , Spilman Thomas & Battle, PLLC, Morgantown, WV, for the Petitioner.

Stephen R. Price, Sr., Esq. , Wyatt, Tarrant & Combs, LLP, Louisville, KY, Appearing pro hac vice for the Petitioner.

Patrick Morrisey , Attorney General, Kim Stitzinger Jones , Assistant Attorney General, Charleston, WV, for the Respondent.


BENJAMIN, Chief Justice:

In this proceeding we are presented with the question of whether there is a private cause of action for a hospital accepting Medicaid patients and Medicaid payments for unreasonable rate-setting. The Circuit Court of Kanawha County dismissed the complaint of the petitioner, Appalachian Regional Healthcare, Inc., d/b/a Beckley ARH Hospital ("Beckley ARH"), in a lawsuit against the respondents seeking a remedy for inadequate Medicaid reimbursement...

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