Justices set to hear arguments in Medicaid reimbursement, child victim testimony cases

The Indiana Supreme Court has set schedules to hear several oral arguments next week.

Justices first agreed to hear argument in the case of ResCare Health Services, Inc. v. Indiana Family & Social Services Administration21S-MI-372. There, the Indiana Court of Appeals upheld court and agency denials of Medicaid reimbursement to ResCare, an operator of intermediate care facilities for people with intellectual disabilities, for over-the-counter drugs prescribed to its residents by doctors.

Before ResCare’s appeal, the Marion Superior Court denied its petition for judicial review and declined ResCare’s alternative request for declaratory judgment on whether it could charge the cost of these drugs to its residents’ personal fund accounts.

Oral arguments in ResCare’s case will be held at 9 a.m. EST on Oct. 21.

The high court is also scheduled to hear oral argument in a dispute involving a child victim’s forensic interview in the case of Juventino V. Ramirez v. State of Indiana, 21S-CR-00373.

A jury convicted Ramirez of Level 4 felony child molesting and sentenced him to six years in prison. Prior to his sentencing, the prosecutor’s office informed defense counsel that, pursuant to local rule, it would not provide counsel with a copy of the victim’s forensic interview. Rather, it said the video could be viewed at the prosecutor’s office.

The Allen Superior Court denied the defense’s motion to compel a copy of the video and its motion to continue, filed the morning of trial, after the prosecutor’s office disclosed new information it received from the victim the day before trial.

Justices will hear argument in Ramirez’s case at 10 a.m. EST on Oct. 21.

A third case will come before the high court for arguments in Sierra M. DeWees v. State of Indiana, 21S-CR-410.

DeWees, at age 18, was charged with Level 2 felony aiding, inducing or causing a burglary after police in Brazil stopped the car she was driving. She admitted to being the getaway driver for the armed robbery of a 67-year-old man who later testified he was afraid of DeWees and the accomplices who attacked him.

The Clay Superior Court found DeWees was not entitled to pretrial release under Criminal Rule 26, but the Indiana Court of Appeals granted an emergency stay of that order pending appeal. It was granted and DeWees was released to pretrial home detention and ordered by the COA to remain there after it concluded the trial court had abused its discretion

Justices will hear DeWees’ case at 11 a.m. EST on Oct. 21.

Arguments will be held in person at the Indiana Supreme Court courtroom with mask requirements and limited public seating for social distancing. A live webcast will be available for attendees outside of the courtroom.

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