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Case No. 22-0273

Mark J. Den Hartog
v.
Iowa Department of Human Services

County:
Polk

Appellant

Mark J. Den Hartog

Appellee

Iowa Department of Human Services

Attorneys for the Appellant

Michael M. Sellers
Trent W. Nelson

Attorney for the Appellee

Lisa Reel Schmidt, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0273
Date Published:
Apr 26, 2023
Summary

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (17 pages)

            Mark Den Hartog, a chiropractor, appeals from an Iowa Code chapter 17A (2019) proceeding reviewing the Iowa Department of Health and Human Services termination of his participation in the Iowa Medicaid program and the order requiring him to repay Medicaid payments made to him for services that he could not support with adequate documentation.  OPINION HOLDS: The department provided Den Hartog sufficient notice of his termination, correctly determined Den Hartog had to comply with the documentation requirements in Iowa Administrative Code Rule 441-79.3(2)(c)(2), and had the authority to investigate and sanction Den Hartog.  Iowa Administrative Code rules 441-79.2(2)(i), (l), and 441-79.3(2) are not unconstitutionally vague.  Den Hartog is not entitled to attorney fees. 

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