Legal Opinion · Dissent

Stephen Doane v. Department of Health and Human Services

Supreme Judicial Court of Maine

Decided September 12, 2017No. Docket: Ken-16-342Published

1DissentJabar, J.

[¶ 33] Because I disagree with the Court and would hold that the Department of Health and Human Services’ decision to terminate Doane’s participation in, and reimbursement from; Department-operated medical assistance programs constitutes revocation of a “license” within the meaning of the Administrative Procedure Act, I respectfully dissent. A plain reading of the Administrative Procedure Act, 5 M.R.S. § 10051(1) (2016), and 4 M.R.S, § 152(9) (2016) provides. that, except for certain statutory actions, including action taken by the Board of Licensure in Medicine pursuant to 10 M.R.S. § 8003…

2Cases cited3 opinions

  1. Barnes v. Glen Theatre, Inc.Supreme Court of the United States · 1991
  2. State of Maine v. Daniel H. PelletierSupreme Judicial Court of Maine · 2015
  3. Estate of Paul GagnonSupreme Judicial Court of Maine · 2016

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