Legal Opinion
State ex rel. King v. Behavioral Home Care, Inc.
New Mexico Court of Appeals
Decided August 15, 2014No. 34,805; Docket No. 31,682PublishedCited by 2 opinions
1Opinion of the Court
OPINION
GARCIA, Judge.
The New Mexico Attorney General’s Medicaid Fraud Control Unit brought action on behalf of the State against Behavioral Home Care, Inc. (BHC) alleging violations of the New Mexico Medicaid Fraud Act (the MFA), NMSA 1978, §§ 30-44-1 to -8 (1989, as amended through 2004), and breach of contract. The issue before this Court involves whether the district court correctly dismissed the State’s claims against BHC for failure to state a claim upon which relief can be granted. See Rule 1-012(B)(6) NMRA.
The State alleged that BHC’s billing for Personal Care Option (PCO) services…
2Cases cited35 opinions
- United States Ex Rel. Willard v. Humana Health Plan of Texas Inc.Court of Appeals for the Fifth Circuit · 2003
- United States Ex Rel. James M. Thompson v. Columbia/hca Healthcare CorporationCourt of Appeals for the Fifth Circuit · 1998
- United States ex rel. Hopper v. AntonCourt of Appeals for the Ninth Circuit · 1996
- United States Ex Rel. Wilkins v. United Health Group, Inc.Court of Appeals for the Third Circuit · 2011
- United States v. McNinchSupreme Court of the United States · 1958
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3Cited by2 opinions
- United States v. Dental Dreams, LLCDistrict Court, D. New Mexico · 2018
- Advantageous Community Services, LLC v. KingDistrict Court, D. New Mexico · 2019