Idaho County v. Idaho Department of Health & Welfare

920 P.2d 62, 128 Idaho 846, 1996 Ida. LEXIS 54
CourtIdaho Supreme Court
DecidedMay 22, 1996
Docket21540
StatusPublished
Cited by9 cases

This text of 920 P.2d 62 (Idaho County v. Idaho Department of Health & Welfare) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Idaho County v. Idaho Department of Health & Welfare, 920 P.2d 62, 128 Idaho 846, 1996 Ida. LEXIS 54 (Idaho 1996).

Opinions

SILAK, Justice.

This is an appeal from the district court’s affirmance of an administrative decision to deny Medicaid reimbursement to the appellant for costs of services to Medicaid patients. Appellant Idaho County Nursing Home (Idaho Nursing) seeks reversal of the administrative decision and that the respondent Idaho Department of Health and Welfare (the Department) be directed to reimburse all of the disallowed costs for the years 1985 through 1989. We affirm.

I.

FACTS AND PROCEDURAL BACKGROUND

Idaho Nursing is a free standing, county owned and operated long-term health care facility located in Grangeville, Idaho. Idaho Nursing is licensed and certified for participation in the Medicaid reimbursement program. Under the Medicaid program, Idaho Nursing provides long term nursing care to the indigent elderly and is reimbursed pursuant to I.C. § 56-101, et seq. Under this program the federal and state governments share the cost of the nursing home care.

The name “cost reimbursement system” has been given to the Idaho methodology for reimbursement to providers who participate in the Medicaid program. Each state participating in the Medicaid system is free to choose among different methods of reimbursement and Idaho, pursuant to I.C. § 56-101 et seq., through the Department, has opted for a cost-related system. The purpose of this system is to reimburse costs as long as they are “reasonable, necessary, ordinary and related to patient care.” IDA-PA 16.03.100.01. For a detailed history of how the Medicaid reimbursement process works in Idaho, see Idaho County Nursing Home v. Department of Health and Welfare, 120 Idaho 933, 934-35, 821 P.2d 988, 989-90 (1991) (ICNHD I).

[848]*848This matter began with Idaho Nursing’s appeal of its 1985 audit disallowing Medicaid cost reimbursements. Similar audit appeals occurred for the years 1986, 1987, 1988 and 1989. Idaho Nursing and the Department agreed to consolidate these appeals for all five years. An administrative hearing was conducted before a hearing officer beginning in November 1992. On April 16, 1993, the hearing officer issued her findings of fact, conclusions of law and proposed order recommending that the disallowances found in the audits for 1985-1989 be followed except for the Medicaid portion of PERSI costs. The hearing officer found that Idaho Nursing’s employee benefits significantly exceeded the employee benefits of comparable facilities, and that while attempting to achieve a high quality of care is an admirable goal, the Boren Amendment, 42 U.S.C. § 1396a(a)(13)(A), establishes that facilities are to be reimbursed only to the extent necessary to achieve minimum standards of care. Therefore, these costs were found not to be beyond Idaho Nursing’s control. However, the hearing officer found the PERSI costs to be beyond the control of Idaho Nursing based upon this Court’s decision in ICNH I, which involved Idaho Nursing’s appeal of its 1984 audit. The director of the Department affirmed the hearing officer’s decision as the final decision and order. Thereafter, Idaho Nursing filed a petition for judicial review of final agency action in the district court. Following oral argument, the district court issued its memorandum opinion upholding the hearing officer’s decision. Idaho Nursing appeals, claiming that the hearing officer’s decision is clearly erroneous, and that the testimony and written report of the Department’s expert witness were inadmissible.

II.

ANALYSIS

A. STANDARD OF REVIEW.

In an appeal from an administrative agency decision, this Court reviews the agency decision independently of the district court’s appellate decision. Viveros v. Idaho Dep’t. of Health & Welfare, 126 Idaho 714, 717, 889 P.2d 1104, 1107 (1995); Chambers v. Kootenai County Bd. of Comm’rs., 125 Idaho 115, 116, 867 P.2d 989, 990 (1994); Hardy v. Higginson, 123 Idaho 485, 488, 849 P.2d 946, 949 (1993). A review of an agency decision is limited to the record on appeal, and this Court may not substitute its judgment for that of the hearing officer on questions of fact. Viveros v. Idaho Dep’t. of Health & Welfare, 126 Idaho at 717, 889 P.2d at 1107.

The law governing this appeal is the former I.C. § 67-5215(g). Under this section, we can reverse or modify an agency decision only in limited circumstances such as when the agency’s decision is affected by error of law, is clearly erroneous in view of the whole record, or is found to be arbitrary and capricious. Hardy v. Higginson, 123 Idaho at 488, 849 P.2d at 949. For the reviewing court to uphold the agency’s decision under the “clearly erroneous” standard it must conclude that the record contains some reliable, probative, and substantial evidence in support of the agency’s position. Dovel v. Dobson, 122 Idaho 59, 62, 831 P.2d 527, 530 (1992).

B. THE ADMINISTRATIVE DECISION OF THE HEARING OFFICER WAS NOT CLEARLY ERRONEOUS IN VIEW OF THE RELIABLE, PROBATIVE AND SUBSTANTIAL EVIDENCE ON THE WHOLE RECORD.

In ICNH I, this Court held that the burden of proving that the facility is entitled to Medicaid reimbursement is on the facility. ICNH I, 120 Idaho at 938, 821 P.2d at 993. By presenting proof of its costs, the facility initially fulfills this burden. At this point, I.C. § 56-110(a) creates a rebuttable presumption that costs over the percentile cap determined according to I.C. § 56-103 indicate that a nursing home is not being efficiently operated and its costs are not reasonable. The presumption disappears if the facility shows that some costs were beyond the facility’s control.

In the present case, the hearing officer correctly found that Idaho Nursing had successfully rebutted the presumption. The employee benefit package for Idaho Nursing [849]*849comprises the costs at issue here, i.e., PERSI costs and non-PERSI costs. The hearing officer determined, pursuant to our prior decision in ICNH I, that the PERSI costs are beyond Idaho Nursing’s control because it would be cost prohibitive (approximately $500,000) for Idaho Nursing to withdraw from the PERSI program. While we do not know if it is the PERSI costs alone that push Idaho Nursing’s costs above the percentile cap, or whether it is a combination of PERSI and non-PERSI costs, this is irrelevant to our inquiry as to whether Idaho Nursing has rebutted the presumption. As the Court held in ICNH I, as long as some of the costs above the percentile cap are proven to be beyond the facility’s control, the presumption found in I.C. § 56-110(a) has been rebutted. ICNH I, 120 Idaho at 939, 821 P.2d at 994. Thus, because Idaho Nursing has shown that the PERSI costs are beyond its control, the presumption has disappeared.

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Idaho County v. Idaho Department of Health & Welfare
920 P.2d 62 (Idaho Supreme Court, 1996)

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Bluebook (online)
920 P.2d 62, 128 Idaho 846, 1996 Ida. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/idaho-county-v-idaho-department-of-health-welfare-idaho-1996.