Due process violations claimed in Medicaid reimbursement rate cuts

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 6, 2021 11:18 AM

Three nursing home operators accused the Illinois Department of Healthcare and Family Services of violating their right to procedural due process when it retroactively reduced their per diem reimbursement rates under the Medicaid program. Suing the department’s director for prospective injunctive relief, they claim the agency violated the 14th Amendment and Illinois Administrative law by failing to provide notice of alleged problems — and not giving them an opportunity to respond — when it conducted wide-ranging, on-site …

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