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12/30/87 Darryl Skale, v. the Department of Public

December 30, 1987

DARRYL SKALE, PLAINTIFF-APPELLANT

v.

THE DEPARTMENT OF PUBLIC AID, DEFENDANT-APPELLEE



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

520 N.E.2d 749, 165 Ill. App. 3d 776, 117 Ill. Dec. 398 1987.IL.1939

Appeal from the Circuit Court of Cook County; the Hon. Thomas O'Brien, Judge, presiding.

APPELLATE Judges:

JUSTICE WHITE delivered the opinion of the court. McNAMARA, P.J., and RIZZI, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WHITE

This case is before us on administrative review. Defendant Illinois Department of Public Aid (the Department) terminated plaintiff Darryl Skale's participation in the Medical Assistance Program, and it found that plaintiff owed the Department $73,207.04. The trial court upheld the Department's findings and plaintiff appeals.

Shortly after plaintiff received his dental license, he accepted a job at the Roosevelt Pulaski Dental Clinic (the Clinic). He worked there from July 31, 1979, until the first week of March 1980. As a participant in the Medical Assistance Program, he provided services to patients whose dental bills were paid by the Department. Under regulation 111, which the Department placed in evidence, the department required participants in the program to:

"Maintain and make available for inspection, audit or copying (including photocopying) records sufficient to fully and accurately document the nature, scope, and details of the health care provided. Such records must be retained for a period of not less than three years from date of service or as provided by applicable State laws, whichever period is longer; except that, if an audit is initiated within the required retention period, the records must be retained until the audit is completed and every exception resolved."

According to section D -- 280 of the Handbook for Dentists, which the Department also placed in evidence:

"A minimal record is to consist of the following:

(1.) Patient information

(2.) Dates services were provided

(3.) Examination findings

(4.) X-ray examinations and ...


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