Opinion
A22-0183
12-28-2022
In the Matter of the Surveillance and Integrity Review (SIRS) Appeals by Trinity Home Health Care Services and Etyane Ayana
ORDER ON PETITION FOR FURTHER REVIEW
Issues:
1) Did the Court of Appeals err in concluding that the Department of Human Services (DHS) Commissioner could extend the 90-day deadline [for the Commissioner to act on a recommendation] by “remanding” the case for further proceedings and that the Commissioner's failure to “reject” the recommendation by expressing “the reasons for each rejection” within the 90-day period did not amount to an automatic acceptance of the original recommendation? 2) Did the Court of Appeals err in holding the Commissioner's order was not arbitrary or capricious when the Commissioner remanded the case only to give weight to DHS's evidence, reversed each of the ALJ's conclusions of law on abuse and termination, and then failed to address the inherent errors in DHS's evidence as raised by the ALJ?
Granted