*Great Lakes Legal Foundation Case
On July 9, 2020, the Wisconsin Supreme Court unanimously held the Department of Health Services (DHS) Medicaid auditing and claw-back policies exceeded DHS’s explicit recoupment authority. The decision provided a huge win for the regulated community as the court recognized Act 21’s explicit authority requirement as the first hurdle an agency must clear before imposing regulatory mandates.
Why This Case is Important
Agencies Have Only that Authority Explicitly Delegated to Them by the Legislature. Administrative agencies’ ever-expanding power and reach must be constrained by requiring them to operate within the four corners of their explicit statutory authorities. DHS’s previously maintained a recoupment policy for any compliance or documentation error, which was not provided for under the law and threatened the livelihood of businesses and family entrepreneurs otherwise proving compliant services.
Key Documents
- Supreme Court Opinion (July 9, 2020)
- Amicus Brief (GLLF) (March 9, 2020)
- Amicus Brief (Wisconsin Hospital Associations) (March 5, 2020)
- Reply Brief (Papa/PHP) (March 4, 2020)
- Response Brief (DOJ/DHS) (February 20, 2020)
- First Brief (Papa/PHP) (Corrected version March 2, 2020)
- Court of Appeals Decision (July 31, 2019)
- Brief of Respondent Papa/PHP (Nov. 13, 2017)
- Supplemental Brief-Respondent Papa/PHP (Sept. 6, 2018)
- Reply Brief DOJ/DHS (Jan. 10, 2018)
- Supplemental Reply Brief – Appellant DOJ/DHS (Sept. 20, 2018)
- Supplemental Brief – Appellant DOJ/DHS (Aug. 7, 2018)
- Substitute-Brief of Appellant DOJ/DHS (June 29, 2017)
- Amicus Brief – WMC and Wisconsin Personal Services Association (WPSA-GLLF) (Dec. 4, 2017)
- Supplemental Amicus – Brief WMC/WPSA (GLLF) (Sept. 6, 2018)
- Amicus Brief – WI Hospital Association, et al. (Dec. 4, 2017)
- Amicus Brief – Dane County (Nov. 29, 2017)
- Defendant’s Brief (May 17, 2016)
- Plaintiff’s Brief (March 17, 2016)
- GLLF Press Release
- Newcap, Inc. v. DHS decision
- Dec. 8, 2017, AG opinion
- What is a Rule? Great Lakes Legal Foundation