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No. SCWC-18-0000677 and No. SCWC-18-0000678, Thursday, November 21, 2024, 10:30 a.m.

No. SCWC-18-0000677 and No. SCWC-SCWC-18-0000678, Thursday, November 21, 2024, 10:30 a.m.

No. SCWC-18-0000677:  In re FT, by and through ALOHA NURSING REHAB CENTRE, Petitioner/Appellant-Appellant, vs. DEPARTMENT OF HUMAN SERVICES, STATE OF HAWAI‘I, Respondent/Appellee-Appellee.

No. SCWC-SCWC-18-0000678:  In re FWH, by and through ALOHA NURSING REHAB CENTRE, Petitioner/Appellant-Appellant, vs. DEPARTMENT OF HUMAN SERVICES, STATE OF HAWAI‘I, Respondent/Appellee-Appellee.

[ Listen to the audio recording in MP3 format ]

The above-captioned case has been set for oral argument on the merits at:

Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument will also be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ʻŌlelo Community Television olelo.org/tv-schedule/.

Attorney for Petitioner/Appellant-Appellant ALOHA NURSING REHAB CENTRE:
     Thomas E. Bush of Thomas Bush Law Office, LLLC

Attorneys for Respondent/Appellee-Appellee STATE OF HAWAI‘I, DEPARTMENT OF HUMAN SERVICES:
     James W. Walther and Lili A. Young, Deputy Attorneys General

NOTE: Order accepting Application for Writ of Certiorari in SCWC-18-0000677 and SCWC-18-0000678, filed 09/13/24.

NOTE: Order consolidating SCWC-18-0000677 and SCWC-18-0000678 for oral argument only, filed 09/19/24.

COURT: Recktenwald, C.J., McKenna, Eddins, Ginoza, and Devens, JJ.

Brief Description:

     The Court will hear argument in two cases In re FT and In re FWH.  These cases are consolidated only for the purpose of oral argument.  In both cases, Aloha Nursing Rehab Centre (Aloha) admitted a long-term care resident who was receiving Medicaid benefits through the Hawai‘i Department of Human Services (DHS).  In both cases, the resident became legally incapacitated and their authorized representative was also incapacitated.  DHS terminated Medicaid benefits for both residents, arguing that they were ineligible.  Aloha sought an administrative hearing to challenge the terminations on the residents’ behalf.  DHS maintains that Aloha lacked standing to request an administrative hearing for the resident under Hawai‘i Revised Statutes § 346-12.  Aloha contends it had standing to seek an administrative hearing.