In re Mayo Health Care, Inc., No. 02-326.

Docket NºNo. 02-326.
Citation830 A.2d 129
Case DateJuly 22, 2003
CourtUnited States State Supreme Court of Vermont

830 A.2d 129

In re MAYO HEALTH CARE, INC

No. 02-326.

Supreme Court of Vermont.

July 22, 2003.


830 A.2d 130
Present AMESTOY, C.J., DOOLEY, JOHNSON, SKOGLUND, JJ., and ERNEST W. GIBSON III, J. (Ret.), Specially Assigned

ENTRY ORDER

¶ 1. Appellant Mayo Health Care, Inc. (Mayo) appeals from a trial court order granting summary judgment to the Agency of Human Services Division of Rate Setting (Division). Mayo is a licensed nursing facility in Northfield, Vermont that receives reimbursement from the state for care delivered to its Medicaid residents. This dispute arises out of efforts by Mayo to obtain a rate adjustment from the Division following a decision by the Division to disallow wages for unlicensed geriatric aides in calculating Medicaid reimbursement rates. Mayo contends that the trial court incorrectly construed the rules governing appeals from Division decisions to grant summary judgment in favor of the Division on procedural grounds. Mayo also appeals from the denial of its summary judgment motion. Mayo claims that the Division's disallowance of the wages for geriatric aides (geriaides) was inconsistent with its prior rulings and should not have been enforced retroactively. We affirm.

¶ 2. This dispute centers around the appeals procedures laid out in the Vermont Division of Rate Setting Rules (V.D.R.S.R.), which govern the establishment

830 A.2d 131
of Medicaid payment rates for long-term care facilities. The rules provide several routes through which Medicaid providers are able to apply for a rate adjustment. We agree with the trial court that the correctness of the categorization of geriaide costs as indirect costs is not properly at issue herein because Mayo failed to raise the issue in the filings it made with the Division. This case started when Mayo filed an application for a rate adjustment pursuant to V.D.R.S.R. § 8.2.1 Section 8.2 establishes that a nursing care provider can apply for a higher rate of reimbursement to cover "additional costs that are a necessary result of complying with changes in applicable federal and state laws, and regulations, or the orders of a State agency that specifically requires an increase in staff or other expenditures." The Division's final order denied Mayo's application, and Mayo appealed to the superior court pursuant to 33 V.S.A. § 909(a)(2), granting nursing home facilities the right to a de novo appeal from a final order of the Division. The superior court ruled on the parties' cross-motions for summary judgment, denying Mayo's motion and rendering judgment for the Division

¶ 3. This Court reviews a decision to grant summary judgment de novo. Agency of Natural Res. v. United States Fire Ins. Co., 173 Vt. 302, 305, 796 A.2d 476, 478 (2001). Summary judgment is appropriate only when the record shows there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Bacon v. Lascelles, 165 Vt. 214,...

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5 practice notes
  • R & G Properties v. Column Financial, No. 06-415.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 22 Agosto 2008
    ...de novo, construing all doubts and inferences in favor of the nonmoving party. In re Mayo Health Care, Inc., 2003 VT 69, ¶ 3, 175 Vt. 605, 830 A.2d 129 (mem.). "The inquiry is familiar: whether there are any genuine issues of material fact and whether, in their absence, either party de......
  • Bhatt v. University of Vermont, No. 2007-038.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 30 Mayo 2008
    ...de novo, construing all doubts and inferences in favor of the nonmoving party. In re Mayo Health Care, Inc., 2003 VT 69, ¶ 3, 175 Vt. 605, 830 A.2d 129 ¶ 13. Plaintiff claims that the University's failure to readmit him as requested violated VPAA, because the University is a place of public......
  • Endres v. Endres, No. 07-395.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 19 Septiembre 2008
    ...de novo, construing all doubts and inferences in favor of the nonmoving party. In re Mayo Health Care, Inc., 2003 VT 69, ¶ 3, 175 Vt. 605, 830 A.2d 129 (mem.). The inquiry is familiar: whether there are any genuine issues of material fact and whether, in their absence, either party deserves......
  • Collins v. Thomas, No. 05-536.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 24 Agosto 2007
    ...de novo, construing all doubts and inferences in favor of the nonmoving party. In re Mayo Health Care, Inc., 2003 VT 69, ¶ 3, 175 Vt. 605, 830 A.2d 129 (mem.). The inquiry is familiar: whether there are any genuine issues of material fact and whether, in their absence, either party deserves......
  • Request a trial to view additional results
5 cases
  • R & G Properties v. Column Financial, No. 06-415.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 22 Agosto 2008
    ...de novo, construing all doubts and inferences in favor of the nonmoving party. In re Mayo Health Care, Inc., 2003 VT 69, ¶ 3, 175 Vt. 605, 830 A.2d 129 (mem.). "The inquiry is familiar: whether there are any genuine issues of material fact and whether, in their absence, either party de......
  • Bhatt v. University of Vermont, No. 2007-038.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 30 Mayo 2008
    ...de novo, construing all doubts and inferences in favor of the nonmoving party. In re Mayo Health Care, Inc., 2003 VT 69, ¶ 3, 175 Vt. 605, 830 A.2d 129 ¶ 13. Plaintiff claims that the University's failure to readmit him as requested violated VPAA, because the University is a place of public......
  • Endres v. Endres, No. 07-395.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 19 Septiembre 2008
    ...de novo, construing all doubts and inferences in favor of the nonmoving party. In re Mayo Health Care, Inc., 2003 VT 69, ¶ 3, 175 Vt. 605, 830 A.2d 129 (mem.). The inquiry is familiar: whether there are any genuine issues of material fact and whether, in their absence, either party deserves......
  • Collins v. Thomas, No. 05-536.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • 24 Agosto 2007
    ...de novo, construing all doubts and inferences in favor of the nonmoving party. In re Mayo Health Care, Inc., 2003 VT 69, ¶ 3, 175 Vt. 605, 830 A.2d 129 (mem.). The inquiry is familiar: whether there are any genuine issues of material fact and whether, in their absence, either party deserves......
  • Request a trial to view additional results

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