`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 2 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 3 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 4 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 5 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 6 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 7 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 8 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 9 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 10 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 11 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 12 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 13 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 14 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 15 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 16 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 17 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 18 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 19 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 20 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 21 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 22 of 24
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 23 of 24
`
`
`
`the Dean of the School of Pharmacy.
`
`
`
`
`
`
`
`A more comprehensive review of the record would demonstrate that MUHA exercised
`
`
`
`
`
`
`
`
`
`sufficient control over the Pharmacy Program to be identified as an "operator." The record
`
`
`
`
`
`demonstrates that each residency program within the Pharmacy Program is managed by a residency
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`program director. The residency program directors establish rotational schedules, ensure residents
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`are meeting their requirements, and provide evaluations of the residents. The residency program
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`directors reported to Dr. Paul Bush, MUHA Administrator of Pharmacy Services and Director of
`
`
`
`
`
`
`
`Graduate Pharmacy Education. Dr. Heather Easterling has since assumed these two positions. ECF
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`No. 12-1, 52, 58. Dr. Bush also had the final say in all human capital decisions, including the
`
`
`
`
`
`offering of residency positions and all disciplinary actions; publishing the Pharmacy Residency
`
`
`
`
`
`
`
`
`
`
`
`
`
`Program Manual; controlling the Pharmacy Program budget; and chairing the Pharmacy Program
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`residency committee. Id. at 61-62.
`
`
`
`
`
`This and other information in the record demonstrates that the Board's decision regarding
`
`
`
`
`
`
`
`
`
`who controls the Pharmacy Program, particularly when taken in context of§ 413.85(f)(l)(iii)'s
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`admonition that an operator "be responsible for the day-to-day program operation," is arbitrary and
`
`
`
`
`
`
`
`capricious and not supported by substantial evidence.
`
`
`
`III.CONCLUSION
`
`
`
`
`
`For the reasons stated, the court finds thatthe Board's narrow construction of§ 413.85(f) is
`
`
`
`
`
`
`
`
`
`
`
`arbitrary and capricious and not supported by substantial evidence. MUHA' s motion for summary
`
`
`
`
`
`
`
`
`
`
`
`judgment is granted. HHS' s motion for summary judgment is denied. The Board's decision dated
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`February 19, 2019 is reversed and vacated. The cause is remanded to HHS with directions to
`
`
`
`
`
`
`
`
`
`reimburse MUHA, on a reasonable cost basis, for its nursing and allied health education costs
`
`
`
`
`
`
`
`
`
`
`
`23
`
`
`
`2:19-cv-01755-MBS Date Filed 03/29/21 Entry Number 40 Page 24 of 24
`
`
`
`
`
`
`
`
`
`
`
`associated with the Pharmacy Program for Fiscal Years 2007 and 2008, plus interest pursuant to 42
`
`
`
`
`
`
`
`U.S.C. § 1395oo(f)(2), plus costs of the within action.
`
`IT IS SO ORDERED.
`
`
`
`Charleston, South Carolina
`
`March 26, 2021
`
`/s/ Margaret B. Seymour
`
`
`
`
`
`Senior United States District Judge
`
`24
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
