Burke v. State ex rel. Department of Health

KITE, Justice.

[¶1] After a Wyoming Department of Health (Department) audit showed that David M. Burke, d/b/a Dave's Drug, (Mr. Burke) had been reimbursed for services provided to Medicaid recipients in excess of the amount to which he was entitled, the Department sought reimbursement from him. Mr. Burke filed a request for an ad

ministrative hearing, but later withdrew the request, and the Department dismissed the administrative action.

[¶2] The Department then filed an action in district court to recover the excess payments. On the Department's motion, the district court entered summary…