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Health Law Keyed to Furrow
Hoover v. The Agency for Health Care Administration
Facts
An administrative complaint was filed against Dr. Hoover (Plaintiff) by the Agency for Health Care Administration (Defendant) claiming she was excessively prescribing controlled substances. Plaintiff denied the charge and requested a hearing. The Defendant presented two physicians as experts at the hearing. The experts' testimony was solely based on the pharmacy records as they had not examined any patient or patient record. Plaintiff testified about her diagnoses and courses of treatment in great detail. The hearing officer's recommendation was to dismiss the complaint. However, the Agency (Defendant) accepted the finding, and the Board of Medicine (Defendant) set aside the hearing officer's findings and penalized Plaintiff. Plaintiff appealed.
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