Professional Homecare Providers garnered another key victory in Waukesha County Court on February 14, following up on that court’s ruling last September that the Department of Health Services may only recoup past payments to Medicaid providers if the Department cannot verify that the services were provided or if the Department determines that the amount paid was inaccurate or inappropriate for the services. On the Professional Homecare Providers’ motion, brought by Attorney Diane Welsh, the court determined that the Department has failed to comply with the September order, violating its order and the injunction it imposed by continuing to pursue recoupments against individual nurses for prohibited reasons. As a result, the court issued a warning to the Department and ordered it to pay the providers’ fees and costs for bringing the motion. Attorneys Susan Crawford and assisted in obtaining the supplemental relief sought by the Plaintiffs.
Although the Department has appealed the court’s September order, the order and injunction have not been stayed and remain in effect. We will provide additional updates as the case evolves.