AMEDISYS WEST VIRGINIA v. PERSONAL TOUCH

Nos. 20-0308, 20-0401.

859 S.E.2d 341 (2021)

AMEDISYS WEST VIRGINIA, LLC dba Amedisys Home Health of West Virginia, St. Marys Medical Center Home Health Services, LLC, and LHC Group, Inc., Petitioners Below, Petitioners, v. PERSONAL TOUCH HOME CARE OF W.VA., INC. et al., and The West Virginia Health Care Authority, Respondents Below, Respondents Preston Memorial Homecare, LLC, et al., Petitioners, Below, Petitioners v. United Hospital Center, Inc., and The West Virginia Health Care Authority, Respondents Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: June 11, 2021.


Attorney(s) appearing for the Case

Robert L. Coffield, Esq. , Caleb P. Knight, Esq. , Flaherty Sensabaugh Bonasso PLLC, Charleston, West Virginia, Counsel for Petitioners.

Thomas G. Casto, Esq. , Anna G. Casto, Esq. , Lewis Glasser PLLC, Charleston, West Virginia, Counsel for Respondent Personal Touch Home Care of W.Va., Inc.

James W. Thomas, Esq. , Neil C. Brown, Esq. , Jackson Kelly, PLLC, Charleston, West Virginia, Counsel for Respondent United Hospital Center, Inc.

Patrick Morrisey, Esq. , Attorney General, B. Allen Campbell, Esq. , Senior Assistant Attorney General, Charleston, West Virginia, Counsel for Respondents West Virginia Health Care Authority and Department of Health and Human Resources.


In these consolidated cases we are called upon to examine the State Health Plan Home Health Services Standards ("the Standards"), which were promulgated by respondent West Virginia Health Care Cost Review Authority ("HCCRA"), now the West Virginia Health Care Authority ("the Authority"), as part of its duties and responsibilities pursuant...

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