551 F.3d 759 (2008) UNITED STATES of America, Plaintiff-Appellee, v. 8,800 POUNDS, MORE OR LESS, OF POWDERED EGG WHITE PRODUCT, Defendant, Creative Compounds, LLC, Appellant. No. 07-3671. United States Court of Appeals, Eighth Circuit. Submitted: June 13, 2008. Filed: December 24, 2008. *760 Andrew Seth Ittleman, argued, Miami FL (Mitchell S. Fuerst, and Christine Humprey, on the brief), for appellant. Michael A. Price, AUSA, argued, Cape Girardeau, MO, for appellee. Before LOKEN, Chief Judge, CO..
The issue is whether a rule which requires that staff be directly employed by or under contract with a Medicaid home health agency, and that such agencies issue either W-2 or 1099 tax forms to individuals on their staffs, constitutes an invalid exercise of delegated legislative authority.Existing rule limiting Medicaid home health staff to individuals who get W-2s or 1099s from the home health agency is invalid. DOAH has jurisdiction to review Medicaid rules.
