Latest 2 Cases: Atlanticare Medical Center v. Division of Medical Assistance (Health Law), Donis v. American Waste Services, LLC (Labor & ...

The Selfie Coup: How to Tell If Your Government Is Plotting to Overthrow Itself

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, describes how to tell whether a government is plotting to overthrow itself—a phenomenon he calles a “Selfie Coup.” Falvy explains the difference between a Selfie Coup and creeping authoritarianism by providing examples of both and argues that the more aware civil society is of the possibility of a Selfie Coup, the more likely it can prepare its defenses in time to prevent it.

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Atlanticare Medical Center v. Division of Medical Assistance

Docket: SJC-12828

Opinion Date: July 21, 2020

Judge: Kafker

Areas of Law: Health Law, Public Benefits

On appeal from a federal appellate court's decision that the Federal Medicare scheme prohibits State Medicaid agencies, including MassHealth, from receiving funds from Medicare, the Supreme Judicial Court ordered that this case be remanded for modification of the declaratory judgment, holding that MassHealth demonstrated a sufficient change in circumstances to warrant modification to allow MassHealth to seek reimbursement where the liable third party is Medicare. In Atlanticare Medical Center v. Commissioner of the Division of Medical Assistance, 439 Mass. 1, 3, 5 (2003) (Altanticare I), the Supreme Judicial Court concluded that the Federal Medicaid scheme tasked the State Medicaid agency, not individual providers, with seeking reimbursement from liable third-party insurers, including Medicare. When the Center for Medicare & Medicaid Services (CMS) refused to issue reimbursements from Medicare to MassHealth, MassHealth brought suit. In 2011, the United States Court of Appeals for the First Circuit held that the Federal Medicare scheme prohibited MassHealth from receiving funds from Medicare. Therefore, a Federal Medicare regulation was amended to acknowledge the practice of State Medicaid agencies obtaining Medicare reimbursements through providers, rather than seeking such reimbursements directly from Medicare. MassHealth sought to modify the declaratory judgment and restore its ability to obtain reimbursements from providers, rather than liable third parties. The Supreme Judicial Court remanded the case for modification of the judgment, holding that changed circumstances required modification.

Donis v. American Waste Services, LLC

Docket: SJC-12842

Opinion Date: July 21, 2020

Judge: Barbara A. Lenk

Areas of Law: Labor & Employment Law

The Supreme Judicial Court reversed the order granting judgment to Plaintiffs on their claims under the Wage Act, Mass. Gen. Laws ch. 149, 148, 150, and the Prevailing Wage Act, Mass. Gen. Laws ch. 149, 26-27H, on the ground that by violating the Prevailing Wage Act, Defendants violated the Wage Act as well, holding that Plaintiffs may not avoid the limitations that the Prevailing Wage Act places on their recovery by pursuing an otherwise duplicative claim under the Wage Act. Plaintiffs asserted that for several years they were paid less than the wages required by the Prevailing Wage Act. The motion judge granted partial summary judgment for Plaintiffs, concluding that Defendants' "chronic underpayment" of Plaintiffs constituted a plain violation of the Prevailing Wage Act and that Defendants' failure to pay Plaintiffs at the prescribed wage rates also constituted a violation of the Wage Act. The Supreme Judicial Court reversed the order allowing Plaintiffs' motion for partial summary judgment, holding that, whereas the Prevailing Wage Act and the Wage Act provide conflicting mechanisms to recover the same underpayment of wages, Plaintiffs may, in this instance, recover solely under the Prevailing Wage Act.