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JOH N JA CO,

Plaintiff-A ppellant,

vs.

DEPARTMENT OF HEALTH, BUREAU OF TENNCARE

Defendant-Appellee.

) ) ) ) ) ) Appeal No. 01A01-9806-CH-00324 ) March 31, 1999 ) Davidson C hancery ) Cecil Crowson, Jr. Appellate Court Clerk ) ) ) ) ) )

FILED

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE

APPEALED FROM THE CHANCERY COURT FOR DAVIDSON COUNTY AT NASHVILLE, TENNESSEE. THE HONORABLE IRVIN H. KILCREASE, JR., CHANCELLOR

THOMA S F. BLOOM, for Plaintiff-Appellant PAUL G. SUMMERS, ATTORNEY GENERAL & REPORTER, and MICHELLE HOHNK E JOSS, ASSISTANT A TTORNEY GENERA L, for Defendant-Appellee.

AFFIRMED AND REMANDED

DON T. McMURRAY, JUDGE

CON CUR : GODD ARD, P.J. FRANK S, J.

This is an appeal from a chancery court order affirming a final order from an a dministrative hearing. A ppellant Joh n Jaco ap peals the ord er denying his application for Medicaid reimbursement for inpatient nursing home care after the Davidson County Chancery Court concluded that the record contained substantial and material evid ence to sup port the D epartmen t of Health 's ("Departm ent") decisio n to deny M edicaid reimbu rsemen t. The procedural history of this case is quite lengthy because it includes both administrative hearings and judicial review of those hearings during a five-year period. Appellant was admitted to Parkview Convalescent Unit ("Parkview"), an intermediate care facility (ICF), in Dyersburg, Tennessee on March 9, 1992. He received a pproval fo r short-term M edicaid reim burseme nt from A pril 14, 1992 to February 13, 1993 for nursing home care of a fractured hip. On February 8, 1993, appellant file d another p re-admissio n evaluatio n (PAE ), a requirem ent for M edicaid payment of nursing home care, for continued Medicaid reimbursement, but the Department denied this PAE on March 30, 1993. On April 29, 1993, the Department was notified of an appeal by the appellant's brother, Harold Jaco, Jr., on behalf of the appella nt. On June 15, 1993, Administrative Law Judge (ALJ) Robert T. McGowan conducted a hearing and on July 12, 1993 entered an initial order affirming the Department's denial of appellant's PAE. Pursuant to Tennessee Code Annotated

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