A court of appeals in Ohio upheld a lower trial court’s decision that nursing home provider AmCare Inc. must repay $452,312 in Medicaid provider overpayments it received during fiscal years 1994 and 1995.
The Tenth Appellate District Court of Appeals ruled against the nursing home provider. AmCare argued that the state’s demand for repayment was void because audit findings detailing the overpayments were not issued within a three-year time period from the date AmCare filed its first cost report, as required by state law.
The court said the statute does not express intent to eliminate the state’s power to seek Medicaid overpayments due to an “untimely release” of the audit report, and therefore agreed that the repayment order should be upheld.
AmCare owned and operated Miller Memorial Nursing Center, a 200-bed nursing home.
For more information on the ruling visit http://www.sconet.state.oh.us/rod/newpdf/10/2005/2005-ohio-2714.pdf
