Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Sunday, September 15, 2013

TOWNSHIP PHARMACY VS. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES A-3849-10T1


TOWNSHIP PHARMACY VS. DIVISION OF MEDICAL ASSISTANCE 
AND HEALTH SERVICES 
A-3849-10T1 
Plaintiff appeals from the decision of the Director of the New Jersey Division of Medical Assistance and Health Services denying its application to participate in the State's Medicaid program as a pharmaceutical service provider. The Director's decision was based on plaintiff's failure to disclose the criminal record of one of its employees. We affirm. 
We hold that the Director correctly construed the disclosure requirements to enroll in the State's Medicaid program as a provider of health care, in this case pharmaceutical services. Here, plaintiff failed to perform basic due diligence before answering a question intended to disclose information material to a proper determination of an applicant's eligibility to participate in the Medicaid provider program. Although plaintiff did not intend to deceive or conceal this information, public policy supports the Director's determination that, under these circumstances, failure to provide accurate, truthful, and complete information constitutes good cause to deny the application. 08-22-13