No. 21-61

CHS-Glenwell Inc., et al. v. Ohio Department of Medicaid

Lower Court: Ohio
Docketed: 2021-07-16
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law agency-deference due-process federal-preemption federal-regulation judicial-deference judicial-review medicaid-agency medicare state-medicaid
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Is a state Medicaid agency entitled to deference in judicial review of the agency's interpretation of an unambiguous, inapplicable federal Medicare regulation?

2. Is due process denied when a federal regulation is construed and applied by a state agency extending the federal regulation's application beyond the adopting federal agency's construction and application of the rule unless the state agency has adopted as a rule its interpretation prior to application of the change to those affected?

Question Presented (AI Summary)

Is a state Medicaid agency entitled to deference in judicial review of the agency's interpretation of an unambiguous, inapplicable federal Medicare regulation?

Docket Entries

2021-10-04
Petition DENIED.
2021-07-21
DISTRIBUTED for Conference of 9/27/2021.
2021-07-19
Waiver of right of respondent Ohio Department of Medicaid to respond filed.
2021-07-14
Petition for a writ of certiorari filed. (Response due August 16, 2021)

Attorneys

CHS-Glenwell Inc., et al.
Geoffrey E. Webster — Petitioner
Ohio Department of Medicaid
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent