Micone v. Department of Public Health & Human Services

2011 MT 178, 258 P.3d 403, 361 Mont. 258, 2011 Mont. LEXIS 226
CourtMontana Supreme Court
DecidedJuly 29, 2011
DocketDA 10-0541
StatusPublished
Cited by8 cases

This text of 2011 MT 178 (Micone v. Department of Public Health & Human Services) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Micone v. Department of Public Health & Human Services, 2011 MT 178, 258 P.3d 403, 361 Mont. 258, 2011 Mont. LEXIS 226 (Mo. 2011).

Opinions

JUSTICE WHEAT

delivered the Opinion of the Court.

¶1 Joshua Micone (Joshua) appeals from an order of the Eleventh Judicial District Court, Flathead County, affirming the Department of Public Health and Human Services’ (Department) determination that Joshua repay Medicaid benefits received between 2003 and 2006.

¶2 Joshua raises two issues on appeal:

¶3 Issue One: Did the District Court err in determining that the Hearing Officer did not violate § 2-4-623(a), MCA, when he did not issue a decision within ninety days after the case was deemed submitted?

¶4 Issue Two: Did the District Court correctly determine that substantial credible evidence supported the Department’s finding that Jennifer Micone’s (Jennifer) interest in Jump Investments was an available resource?

BACKGROUND

¶5 In January 2003, Joshua applied for Medicaid benefits for himself and his family by completing a form that requires applicants to list all property which the applicant and/or a member of the applicant’s household owns. Joshua did not report Jennifer’s interest in Jump Investments, a family limited partnership, on the initial application or any subsequent applications. Unaware of Jennifer’s interest in Jump Investments,1 the Department approved Joshua’s application for Medicaid benefits.

¶6 The Micone family received Medicaid benefits, totaling $22,657.32, from January 2003 through May 2006. In June 2006, the Department notified Joshua that his household was ineligible for Medicaid benefits paid over the past three years because Jennifer’s interest in Jump Investments exceeded the available resource limit to qualify for Family Medicaid. The Department demanded that Joshua repay the $22,657.32 in benefits paid.

¶7 Joshua contested the demand for repayment. A Hearing Officer from the Board of Public Assistance of the State of Montana (Board) [260]*260conducted a hearing in March 2008. The Hearing Officer issued his decision in February 2009, finding that Jennifer’s interest in Jump Investments was a countable and available resource. Joshua appealed and the Board upheld2 the Hearing Officer’s findings in April 2009. Joshua petitioned for judicial review, and the District Court affirmed the Board in September 2010.

¶8 Joshua appeals.

STANDARD OF REVIEW

¶9 Actions brought before the Board are subject to the Montana Administrative Procedure Act (MAPA), Title 2, chapter 4, MCA. The applicable standard of review is set forth in § 2-4-704(2), MCA:

The court may not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because: (a) the administrative findings, inferences, conclusions, or decisions are: (i) in violation of constitutional or statutory provisions ... (v) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record....

¶10 We review findings of fact for clear error and conclusions of law for correctness. In re Hofer, 2005 MT 302, ¶¶ 13-14, 329 Mont. 368, 124 P.3d 1098. A finding is clearly erroneous if it is not supported by substantial evidence; if substantial evidence supports it, but the tribunal misapprehended the effect of the evidence; or if, after reviewing the record, this Court is left with the definite and firm conviction that a mistake has been committed. Id. at ¶ 13. The above standard applies to both the district court’s review of the administrative decision and this Court’s subsequent review of the district court decision. Id. at ¶ 14.

DISCUSSION

¶11 Issue One: Did the District Court err in determining that the Hearing Officer did not violate § 2-4-623(a), MCA, when he did not issue a decision within ninety days after the case was deemed submitted?

[261]*261¶12 The role of the judge in statutory interpretation “is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted or to omit what has been inserted.” Section 1-2-101, MCA. If the plain language of the statute is clear and unambiguous, no further interpretation is required. Miller v. Eighteenth Jud. Dist. Ct., 2007 MT 149, ¶ 38, 337 Mont. 488, 162 P.3d 121. “Where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.” Section 1-2-101, MCA. Section 2-4-623, MCA, provides that “a final decision must be issued within 90 days after a contested case is considered to be submitted for a final decision unless, for good cause shown, the period is extended for an additional time not to exceed 30 days.”

¶13 The parties do not dispute the timeline of events. The Hearing Officer held a contested hearing on March 12, 2008. Following the hearing, the Hearing Officer issued an amended briefing schedule, requiring that the parties submit initial briefs on or before April 18, 2008, and response briefs on or before May 2, 2008. Micone filed his response brief on May 2, 2008. The Hearing Officer did not issue a decision until nine months later on February 3,2009. The Board heard oral argument from the parties on March 19, 2009, and issued its decision on April 6, 2009, eighteen days after oral argument.

¶14 In District Court, Micone argued that the Hearing Officer’s decision was void because, in violation of § 2-4-623, MCA, he did not issue the decision within ninety days after the case was considered submitted. The Department conceded that the Hearing Officer did not comply with § 2-4-623, MCA, but argued that the District Court could not reverse unless Micone’s substantial rights had been prejudiced as a result of the delay. The District Court determined the parties had incorrectly interpreted what constitutes a “final decision” under § 2-4-623, MCA. Specifically, the District Court concluded that pursuant to § 2-4-621, MCA, the Hearing Officer’s decision constituted a “proposal for decision,” which was not subject to § 2-4-623, MCA. Further, the District Court concluded the Board’s adoption of the Hearing Officer’s “proposal for decision” constituted the “final decision” for purposes of § 2-4-623, MCA. The District Court affirmed the Board because it had issued its order adopting the Hearing Officer’s proposal within ninety days after the matter was deemed submitted.

¶15 On appeal, Micone asserts that the Hearing Officer’s decision is the “final decision” because the Board’s order did not include findings of fact and conclusions of law, as required by § 2-4-623, MCA, and both [262]*262the Board and Hearing Officer utilized terminology treating the Hearing Officer’s decision as the “final decision.” Further, Micone alleges the District Court exceeded the scope of judicial review by upholding the Board’s decision on different grounds than that advocated by the Department.

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Cite This Page — Counsel Stack

Bluebook (online)
2011 MT 178, 258 P.3d 403, 361 Mont. 258, 2011 Mont. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/micone-v-department-of-public-health-human-services-mont-2011.