Huron Behavioral Health v. Department of Community Health

813 N.W.2d 763, 293 Mich. App. 491, 2011 Mich. App. LEXIS 1446
CourtMichigan Court of Appeals
DecidedAugust 4, 2011
DocketDocket No. 295740
StatusPublished
Cited by25 cases

This text of 813 N.W.2d 763 (Huron Behavioral Health v. Department of Community Health) 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
Huron Behavioral Health v. Department of Community Health, 813 N.W.2d 763, 293 Mich. App. 491, 2011 Mich. App. LEXIS 1446 (Mich. Ct. App. 2011).

Opinion

PER CURIAM.

Respondent, the Michigan Department of Community Health (DCH), appeals by delayed leave granted the circuit court’s order reversing an administrative decision. Huron Behavioral Health v Dep’t of Community Health, unpublished order of the Court of Appeals, entered April 12, 2010 (Docket No. 295740). Because we conclude that Huron County and petitioner, Huron Behavioral Health, were engaged in an arm’s-length transaction and that petitioner was entitled to reimbursement from respondent for rental expenses, we affirm the circuit court’s order.

I. BASIC FACTS AND PROCEDURAL BACKGROUND

Petitioner is a community mental health (CMH) authority that receives state, county, and federal funds to provide mental-health services to residents of Huron County. Respondent is a state agency that oversees and funds health-related services in the state of Michigan. In particular, it is respondent that receives federal Medicaid money and disburses that money to healthcare providers throughout the state, including peti[494]*494tioner. Petitioner and respondent entered into a service contract by which petitioner agreed to provide mental-health services to residents of Huron County in exchange for reimbursement from the state. The contract required petitioner to document costs and comply with Office of Management and Budget (OMB) Circular A-87.

Before 1996, petitioner was an agency under the control of Huron County and was charged with providing mental-health services to residents in Huron County. In 1996, petitioner continued providing mental-health services in Huron County, but became a CMH authority separate from the county. Since its creation in 1971, petitioner has been housed in a Huron County building and has been paying rent to the county.

From 1999 to 2006, in connection with its state and federal funding, petitioner provided annual budgets to respondent, which included the cost of rent paid to the county for that period. In 2008, respondent audited those budgets and determined that, because the relationship between petitioner and Huron County was not arm’s-length, petitioner should not have made rental payments to the county and had not been entitled to reimbursements from respondent for that rent. Respondent relied on the provision in its contract with petitioner mandating compliance with OMB Circular A-87. OMB Circular A-87 states that Medicaid funds may not be used by a provider to pay rent to a governmental unit if the provider and the governmental unit are engaged in a less-than-arm’s-length transaction. Respondent’s auditor concluded that Huron County and petitioner were engaged in a less-than-arm’s-length transaction because the county had the ability to control petitioner through the Huron County Board of Commissioners’ appointment of petitioner’s [495]*495board, removal of petitioner’s board members at will, ability to dissolve petitioner, and provision of annual appropriations to petitioner. Respondent demanded that petitioner reimburse it in the amount of $612,985 for the rent paid.

Petitioner sought a review hearing of the audit, raising four issues: whether the federal Medicaid funding petitioner received is a “federal grant/award”; whether OMB Circular A-87 is applicable to contracts between petitioner and respondent; whether respondent properly determined that cost settlement is applicable to a determination of allowable costs; and whether respondent properly determined that petitioner and Huron County were “related parties” so that their lease agreement was “less than arms length.” The hearing referee found against petitioner on each issue, and the DCH entered a final order that in large part adopted the referee’s findings.

Petitioner appealed the final order adopting the referee’s findings in the circuit court. Petitioner argued that OMB Circular A-87 did not apply to its contract with respondent, that cost settlement was not allowed, and that petitioner and the county did not have a less-than-arm’s-length relationship. The circuit court reversed the administrative decision, citing two issues it was “troubled with.” First, the circuit court found that petitioner was entitled to equitable relief because it had detrimentally relied on respondent’s approval of petitioner’s budget for many years. Second, the circuit court disagreed with the conclusion that this was not an arm’s-length transaction. The circuit court reasoned that the Legislature has stated that the county and the CMH authority are separate legal entities. The circuit court also found that Huron County did not have control over petitioner. Being able to establish petition[496]*496er’s board was not enough for control, and the statutes restricted the county’s choices of who made up the board. The circuit court read the language of MCL 330.1224 as permitting removal from the board for cause only, not at will. Thus, the circuit court concluded there was no improper self-dealing and the lease contracts were appropriate expenditures. Respondent now appeals by leave granted the circuit court’s order.

II. STANDARD OF REVIEW

We review for clear error a circuit court’s ruling concerning an agency’s decision. Glennon v State Employees’ Retirement Bd, 259 Mich App 476, 478; 674 NW2d 728 (2003). A decision is clearly erroneous when this Court is left with “the definite and firm conviction” that a mistake was made. Id.

The circuit court’s review of an agency’s decision is controlled by the Administrative Procedures Act (APA), MCL 24.201 et seq., which provides:

(1) Except when a statute or the constitution provides for a different scope of review, the court shall hold unlawful and set aside a decision or order of an agency if substantial rights of the petitioner have been prejudiced because the decision or order is any of the following:
(a) In violation of the constitution or a statute.
(b) In excess of the statutory authority or jurisdiction of the agency.
(c) Made upon unlawful procedure resulting in material prejudice to a party.
(d) Not supported by competent, material and substantial evidence on the whole record.
(e) Arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion.
(f) Affected by other substantial and material error of law.
[497]*497(2) The court, as appropriate, may affirm, reverse or modify the decision or order or remand the case for further proceedings. [MCL 24.306.]

“When reviewing whether an agency’s decision was supported by competent, material, and substantial evidence on the whole record, a court must review the entire record and not just the portions supporting an agency’s findings.” Great Lakes Sales, Inc v State Tax Comm, 194 Mich App 271, 280; 486 NW2d 367 (1992). Substantial evidence is what “a reasoning mind would accept as sufficient to support a conclusion.” Dignan v Mich Pub Sch Employees Retirement Bd, 253 Mich App 571, 576; 659 NW2d 629 (2002). Substantial evidence is “more than a mere scintilla” but less than “a preponderance” of evidence. Mantei v Mich Pub Sch Employees Retirement Sys, 256 Mich App 64, 71; 663 NW2d 486 (2003).

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Bluebook (online)
813 N.W.2d 763, 293 Mich. App. 491, 2011 Mich. App. LEXIS 1446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huron-behavioral-health-v-department-of-community-health-michctapp-2011.