Legal Opinion · Dissent

CLC of Biloxi, LLC v. Mississippi Division of Medicaid

Court of Appeals of Mississippi

Decided April 26, 2016No. 2014-CA-01176-COAPublished

1DissentCarlton, J.

¶ 32. I respectfully dissent. ■ The majority errs in affirming the chancellor’s dismissal of the action filed by CES. See Miss. Div. of Medicaid v. All. Health Ctr., 174 So.3d 254, 262 (¶21) (Miss.2015) (“Our common law holds that chancery court jurisdiction exists to review an administrative agency decision ‘where there is no statutory scheme for appeal from a decision of a state board or agency ....”’ (citation omitted)).

¶ 33. DOM similarly argued in Alliance Health Center that the involved hospitals failed to exhaust administrative requirements and remedies. Id. at 258 (¶ 10). However, the…

2Cases cited2 opinions

  1. Mississippi Division of Medicaid v. Alliance Health CenterMississippi Supreme Court · 2015
  2. Visiting Nurse Service of New York Home Care v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2004

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