S-19-1218, OMNI Behavioral Health (Appellant) v. State of Nebraska, ex rel., Doug Peterson, Attorney General, and the Nebraska Department of Health and Human Services (DHHS)
Lancaster County District Court, Judge Andrew R. Jacobsen
Attorneys: Abbie J. Widger and Morgan C.H. Kristensen (Johnson Flodman Guenzel & Widger, for Appellant) – Douglas J. Peterson and Ryan C. Gilbride (Office of the Attorney General, for Appellee)
Civil: Administrative Procedure Act
Proceedings Below: Pursuant to the APA, Appellant petitioned the district court for review of an adverse decision by DHHS requiring Appellant to reimburse DHHS for overpayment for contracted services. The district court affirmed DHHS’s decision.
Issues: Appellant assigns, condensed and restated, that the district court erred in 1) finding overpayment was justified even if federal regulations do not apply to the contract; and 2) finding there was an overpayment due from Appellant.