Alabama Medicaid Agency v. BEVERLY ENT.
Alabama Medicaid Agency v. BEVERLY ENT.
Opinion
This case concerns whether the appellees, Beverly Enterprises and Beverly Enterprises-Alabama, Inc. (Beverly), should be reimbursed by the Alabama Medicaid Agency (the Agency) for imputed interest resulting from Beverly's purchase of several nursing homes in Alabama. Beverly argues that the reimbursement should be granted pursuant to Agency Rule
After initially denying Beverly's reimbursement request, a hearing was held in accordance with the procedures outlined in the Alabama Administrative Procedure Act (the AAPA). The hearing officer recommended that Beverly be reimbursed; however, the Agency rejected the hearing officer's determination and issued a final decision denying reimbursement.
Pursuant to section
The Agency appeals.
The dispositive issue here is whether the circuit court complied with the mandate of section
The circuit court's order was as follows:
"This cause came before the Court on an appeal by Beverly Enterprises from a decision of the Commissioner of the Alabama Medicaid Agency which followed a June 26, 1985 hearing. Findings of fact, conclusions of law, and recommendations were made by the Hearing Officer who heard the evidence presented at the hearing. The Commissioner concurred in certain recommendations made by the Hearing Officer, but reversed another relating to imputed interest, and so notified Beverly Enterprises by letter dated November 27, 1985.
"After considering the record in the case, the briefs and attached exhibits, as well as the arguments of counsel for both the Alabama Medicaid Agency and for Beverly Enterprises, it is hereby ORDERED as follows:
"1. The Hearing Officer's recommendations, numbers 1, 3 and 4, concurred in by the Commissioner, are upheld.
"2. The Hearing Officer's recommendation, number 2, relating to imputed interest which was reversed by the Commissioner, is also upheld.
"3. This cause is therefore REMANDED to the Alabama Medicaid Agency for a computation of the amount of imputed interest, to which Beverly Enterprises is entitled."
As this order fails to "set out in writing" the circuit court's reasons for reversing the Agency's denial of reimbursement, we have no choice but to hold that the order fails to comply with the mandate of section
In the recent case of Alabama Medicaid Agency v. Norred,
"The Court is satisfied that according to the testimony and exhibits presented at the above-mentioned Fair Hearing [the administrative hearing], the conclusions and recommendations of the hearing officer are correct and that the commissioner was in error in denying benefits."
This court in Norred then said:
"We find that this statement by the learned trial judge is insufficient under §
41-22-20 (l) because it does not set forth the reasons for the circuit court's *Page 1213 determination that 'the commissioner was in error in denying benefits.' "
Because the standard of review to be applied to an administrative decision is necessarily a limited one,Norred, supra; §
For the failure to list the reasons for its decision as required by section
REVERSED AND REMANDED WITH INSTRUCTIONS.
HOLMES and INGRAM, JJ., concur.
Reference
- Full Case Name
- Alabama Medicaid Agency v. Beverly Enterprises
- Cited By
- 7 cases
- Status
- Published