United States v. CAP Quality Care, Inc.

ORDER AFFIRMING IN PART AND REJECTING IN PART THE RECOMMENDED DECISION ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT

HORNBY, District Judge.

Can the government recover Title 21 civil penalties from a methadone maintenance clinic that dispenses methadone in split doses (half the dose under supervision at the clinic; the other half unsupervised at home) when the clinic has not followed the “time-in-treatment” regulations that the Secretary of Health and Human Services has adopted under Title 42 for take-home methadone treatment?

Following oral argument on March 15, 2007,1 conclude that Title 21 civil…