ILNews

Court doesn't order contempt sanctions on state

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals was presented with the question in an Indiana case of how much non-compliance of a consent decree involving Medicaid applications is needed before a District Court can impose civil contempt sanctions. The issue is before the 7th Circuit because plaintiffs believed Indiana's Medicaid program administrators violated a portion of a consent decree in the handling of applications for the disability program.

The case, LaMont G. Bailey, et al. v. E. Mitchell Roob, Jr., et al., No. 08-3592, has been before the U.S. District Court, Southern District of Indiana, off and on since 1994 when the plaintiffs and the program administrators agreed to certain terms for the handling of disability applications. Part of the agreement stated the program would compile a complete 12-month medical history before reaching a decision on the application, but it didn't define "complete." The plaintiffs claimed the program violated the decree by relying on summary forms rather than compiling an applicant's complete medical history; they filed a petition to hold the administrators in contempt in 2006.

The District Court determined that only nine of the 26 sample files introduced by administrators were less than complete than others presented and that five contained only a summary form 251A that physicians complete but no medical records. The District Court didn't find administrators in contempt because the plaintiffs didn't meet the burden for a civil contempt petition and invited them to re-file their motion with more information, but the plaintiffs instead appealed to the 7th Circuit.

The 7th Circuit ruled the District Court didn't commit a clear legal error by requiring the plaintiffs to demonstrate Indiana Medicaid's lack of reasonable diligence because the Circuit's caselaw requires the party seeking sanctions to demonstrate that the opposing party is in violation of a court order by clear and convincing evidence. Also, there must be evidence a party willfully refused to comply with a court order or wasn't "reasonably diligent" in carrying out the terms of the order, wrote Judge Joel M. Flaum.

On the issue how much non-compliance is needed to impose civil contempt sanctions, the 7th Circuit concluded the District Court didn't abuse its discretion by ruling the plaintiffs hadn't produced clear and convincing evidence of the state's violation of the court order. Due to the inconclusive nature by the parties as to what makes a "complete" medical history, the District Court couldn't make any factual findings about whether or not they were incompliance with the consent decree. In addition, the plaintiffs cited caselaw outside the civil contempt context by using cases seeking injunctive or equitable relief. Based on the lack of evidence, sanctions aren't warranted, Judge Flaum wrote.

Finally, on the issue of whether the District Court erred by not interpreting "complete medical history" as always requiring copies of a treating physician's records, Judge Flaum wrote, "Based on this record we are not prepared to hold categorically that an agency can never use a summary form when developing that record or that the absence of any document from a physician within the last twelve months, whatever its relevance, is a violation of the regulations."

The 7th Circuit's ruling doesn't foreclose all future claims on this issue from the plaintiffs, and the District Court did indicate it would be willing to hear future claims with a greater fact-finding on the meaning of "complete medical history," he wrote.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT