Legal Opinion

Independent Living Center of Mid Mo Inc. v. Department of Social Services, Mo Healthnet Division

Missouri Court of Appeals

Decided January 8, 2013No. WD 74707PublishedCited by 2 opinions

1Opinion of the Court

CYNTHIA L. MARTIN, Judge.

Independent Living Center of Mid MO, Inc. d/b/a Services for Independent Living (“SIL”) appeals the Missouri Administrative Hearing Commission’s (“AHC”) decision that subjected SIL to the sanction of full recoupment for filing false Medicaid claims. SIL contends on appeal that the AHC erred in imposing that sanction because: (1) SIL did not have intent to deceive or knowledge of the false or fraudulent nature of the claims; (2) third-party liability does not apply to hold SIL liable for the actions of its independent contractor; and (3) the sanction violates SIL’s due…

2Cases cited10 opinions

  1. Bromwell v. NixonSupreme Court of Missouri · 2012
  2. Houston v. Roadway Express, Inc.Missouri Court of Appeals · 2004
  3. Lindquist v. Scott Radiological Group, Inc.Missouri Court of Appeals · 2005
  4. Hernandez v. State Board of Registration for Healing ArtsMissouri Court of Appeals · 1997
  5. City of Peculiar v. Hunt Martin Materials, LLCMissouri Court of Appeals · 2009

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3Cited by2 opinions

  1. Lindenwood Care Corp., d/b/a Loving Care Home v. Missouri Department of Social Services, MO HealthnetMissouri Court of Appeals · 2015
  2. Anthony Melkowski v. The board of Police Commissioners of Kansas City, MissouriMissouri Court of Appeals · 2015

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