Due Process Victory! AZ Court of Appeals Sides w/ NCLA; In NCLA Amicus Win, SCOTUS Rules Against HHS

Due Process Victory! AZ Court of Appeals Sides with NCLA

A three-judge panel of the Arizona Court of Appeals ordered the removal of NCLA client Phillip B.’s name from the Arizona Department of Child Safety (DCS) Central Registry of substantiated findings of child abuse. DCS’s then-Director had ‘deleted’ factual findings and credibility determinations made by an independent administrative law judge (ALJ) who took live testimony in the case. DCS thereby unjustly destroyed Phillip B.’s reputation and career. In a decision that vindicates Phillip B., the Arizona Court of Appeals held: “Because [the DCS] Director’s Decision here does not meet the regulatory requirements for a substantiated finding, there is no legal authority for the Director to enter Phillip B.’s name into the Registry.” Mark announces the victory in the AZ Court of Appeals.

In NCLA Amicus Win, SCOTUS Rules Against HHS

A unanimous Supreme Court has ruled that the Department of Health and Human Services (HHS) violated the 2003 Medicare Act by lowering drug reimbursement rates for specific hospitals. NCLA filed an amicus brief in support of petitioners in American Hospital Association v. Becerra. NCLA agreed with the petitioners’ argument that HHS’s authority under the Medicare statute to “adjust[ ]” average sales price when calculating reimbursement rates does not include wholesale authority to substitute acquisition costs for average sales price. Mark discusses the amicus victory.