DEPT. OF CON. & IND. SVCS. v. Shah

600 N.W.2d 406, 236 Mich. App. 381
CourtMichigan Court of Appeals
DecidedOctober 8, 1999
Docket208877
StatusPublished

This text of 600 N.W.2d 406 (DEPT. OF CON. & IND. SVCS. v. Shah) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DEPT. OF CON. & IND. SVCS. v. Shah, 600 N.W.2d 406, 236 Mich. App. 381 (Mich. Ct. App. 1999).

Opinion

600 N.W.2d 406 (1999)
236 Mich. App. 381

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES, Petitioner-Appellant,
v.
Dineschandra SHAH, M.D. Respondent-Appellee.

Docket No. 208877.

Court of Appeals of Michigan.

Submitted June 8, 1999, at Lansing.
Decided June 25, 1999, at 9:25 a.m.
Released for Publication October 8, 1999.

*407 Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Lamont M. Walton, Assistant Attorney General, for the plaintiff.

Butzel Long (by Max R. Hoffman, Jr.), Detroit, for the defendant.

Before: NEFF, P.J., and HOOD and MURPHY, JJ.

MURPHY, J.

Petitioner, the Department of Consumer and Industry Services, appeals as of right from a final order of dismissal issued by the Disciplinary Subcommittee of the Board of Medicine. Petitioner alleged that respondent and his solely owned professional corporation, Cardiology Group of Lansing, P.C. (hereinafter PC), fraudulently billed Blue Cross and Blue Shield of Michigan (BCBSM) for cardiology services not actually rendered. After a separate criminal proceeding, in which the PC pleaded no contest to altering a medical record, M.C.L. § 750.492a(1)(b); MSA 28.760(1)(1)(b), petitioner charged respondent, personally, with violating seven sections of article 15 of the Public Health Code, M.C.L. § 333.16101 et seq.; MSA 14.15(16101) et seq. None of the charges alleged that respondent injured his patients *408 or rendered inappropriate care in any way. Following a hearing, a hearing referee issued a proposal for decision, recommending that all charges against respondent be dismissed. On December 23, 1997, the disciplinary subcommittee adopted the hearing referee's recommendation and dismissed the charges against respondent. We affirm.

Preliminarily, respondent contends that petitioner lacks standing to appeal the decision of the disciplinary subcommittee to this Court. Whether petitioner has standing to bring this appeal is a question of law that we review de novo. Oakland Co. Bd. of Co. Rd. Comm'rs v. Michigan Property & Casualty Guaranty Ass'n, 456 Mich. 590, 610, 575 N.W.2d 751 (1998).

MCR 7.203(A)(2) provides that this Court "has jurisdiction of an appeal of right filed by an aggrieved party from ... [a] judgment or order of a court or tribunal from which appeal of right to the Court of Appeals has been established by law or court rule." Subsection 16237(6) of the Public Health Code, M.C.L. § 333.16237(6); MSA 14.15(16237)(6), provides:

A final decision of a disciplinary subcommittee rendered after the effective date of the amendatory act that added this section but before January 1, 1995 may be appealed only in the manner provided in sections 103 to 106 of the administrative procedures act of 1969, being sections 24.303 to 24.306 of the Michigan Compiled Laws. A final decision of a disciplinary subcommittee rendered on or after January 1, 1995 may be appealed only to the court of appeals. An appeal filed under this subsection is by right. [Emphasis supplied.]

Accordingly, the final order of the disciplinary subcommittee, issued December 23, 1997, dismissing the charges against respondent, is appealable to this Court as of right pursuant to subsection 16237(6) as long as petitioner qualifies as an "aggrieved party" as contemplated by MCR 7.203(A)(2).

To have standing to appeal means that a person must be "aggrieved" by a lower body's decision. MCR 7.203(A). This Court has defined the term "aggrieved party" as "`one whose legal right is invaded by an action, or whose pecuniary interest is directly or adversely affected by a judgment or order. It is a party who has an interest in the subject matter of the litigation.'" In re Freeman Estate, 218 Mich.App. 151, 155, 553 N.W.2d 664 (1996), quoting 6 Martin, Dean & Webster, Michigan Court Rules Practice (3d ed., 1992), authors' comment regarding Rule 7.203, § 1, pp. 138-139. A party is not "aggrieved" if the order appealed from is in its favor. Kocenda v. Archdiocese of Detroit, 204 Mich.App. 659, 666, 516 N.W.2d 132 (1994).

As an agency charged with enforcing the Public Health Code, M.C.L. § 333.16221; MSA 14.15(16221), petitioner has a cognizable interest in ensuring that a hearing referee properly applies the law in an administrative proceeding. In other words, petitioner has an interest in the litigation because misconstruction or improper application of the law would hinder its ability to enforce the law as the Legislature intended. Compare, generally, Attorney General v. Liquor Control Comm., 65 Mich.App. 88, 92-93, 237 N.W.2d 196 (1975) (the Attorney General had standing to intervene because he had broad statutory authority to protect Michigan citizens). Further, this Court has implicitly found that petitioner is an aggrieved party that may appeal to this Court a final order of a disciplinary subcommittee. See Dep't of Consumer & Industry Services v. Hoffmann, 230 Mich. App. 170, 583 N.W.2d 260 (1998).

Finally, we reject respondent's contention that the Administrative Procedures Act (APA), M.C.L. § 24.201 et seq.; MSA 3.560(101) et seq., prohibits petitioner from bringing the instant appeal. As indicated above, because the disciplinary committee's decision was issued on December 23, *409 1995, the APA does not govern who can bring the instant appeal. MCL 333.16237(6); MSA 14.15(16237)(6).

Therefore, we conclude that petitioner is an aggrieved party with standing to appeal the decision of the disciplinary subcommittee to this Court as of right.

Turning to the merits of petitioner's appeal, petitioner argues that the disciplinary subcommittee erred in adopting the decision of the hearing referee, who concluded that the criminal conviction of respondent's PC cannot be used to impute culpability to respondent under the Public Health Code. Statutory interpretation is a question of law subject to review de novo on appeal. Attorney General v. Public Service Comm., 227 Mich.App. 148, 153, 575 N.W.2d 302 (1997).

Relevant to this appeal, petitioner charged respondent with violating three subsections of the Public Health Code, namely, subsections b(viii), b(iv) and h of § 16221. Section 16221 provides, in pertinent part, as follows:

The department may investigate activities related to the practice of a health profession by a licensee, a registrant, or an applicant for licensure or registration. The department may hold hearings, administer oaths, and order relevant testimony to be taken and shall report its findings to the appropriate disciplinary subcommittee. The disciplinary subcommittee shall proceed under section 16226 if it finds that 1 or more of the following grounds exist:

* * *

(b) Personal disqualifications, consisting of 1 or more of the following:

* * *

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Department of Consumer & Industry Services v. Shah
600 N.W.2d 406 (Michigan Court of Appeals, 1999)

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Bluebook (online)
600 N.W.2d 406, 236 Mich. App. 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dept-of-con-ind-svcs-v-shah-michctapp-1999.