OPINION ISSUED AUGUST 8, 1988
ROLANDO UGALDE LAYOS
DEPARTMENT OF HUMAN SERVICES
Jennifer F. Bailey, Attorney at Law, for claimant.
Robert D. Pollitt, Senior Assistant Attorney General, for
This claim was submitted for decision after a hearing on June 22,
and upon a written
The claimant and respondent entered into a stipulation. The
the stipulation, agreed to
the following facts:
Prior to June 13, 1983, the claimant was enrolled as a provider of
medical services to eligible
recipients of Medicaid services, as administered by the respondent.
On or about June 13, 1983, the respondent terminated the approved
status of the claimant as
a qualified provider of such services and refused to continue his
enrollment in the program on
the ground that the claimant possessed only a temporary permit to
practice medicine as
opposed to an unrestricted license to practice, and upon the
that by reason of such
temporary permit, claimant was not a qualified provider within the
meaning of the applicable
federal and state laws, rules and regulations.
On or about March 13, 1984, the respondent reinstated the claimant
qualified provider of
such services pursuant to a directive of the Health Care Finance
Administration of the United
States Department of Health and Human Services.
The claimant incurred damage to the extent of $33,700.00 as a
by reason of loss of
income for the period June 13, 1983 through April 2, 1984.
All matters in controversy between the claimant and the respondent
therein having been
agreed, compromised and settled for the sum of $32,000.00, and the
respondent, in open
Court, having admitted its actions were wrong, the Court is of the
opinion that claimant is
entitled to an award in the agreed amount.
In view of the foregoing, the Court makes an award in the amount
Award of $32,000.00.