In the Matter of the SIRS Appeal of Gary L. Johnson and In the Matter of the SIRS Appeal of Joshawa J. Johnson., A15-1944

Gary L. Johnson and Joshawa J. Johnson were personal care assistants (PCAs) paid through the Minnesota Health Care Program (MHCP) and employed by Tender Hearts Home Care.
DHS SIRS investigated suspected falsified PCA timesheets after a report; employer records and a cover letter from Tender Hearts indicated noncompliance and missing professional visits.
Employment records showed direct overlaps between PCA hours billed to MHCP and hours worked at other employers; overpayments were calculated ($733.04 for Gary; $3,723.83 for Joshawa).
Relators signed timesheets acknowledging criminal liability for false billing; responsible-party signatures on multiple sheets suggested photocopying.
An ALJ found relators admitted their reported PCA hours were erroneous and that employment records were reliable; the ALJ recommended sanctions. The commissioner adopted the ALJ’s findings, imposing one-year suspensions for each (reducing Joshawa’s originally two-year suspension to one year).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DHS exceeded statutory authority by suspending relators	Relators argued suspension exceeded DHS authority	DHS argued statute authorizes sanctions for fraud/false claims and considered required factors	Held: DHS acted within statutory authority; suspensions upheld
Whether DHS committed legal error in decisionmaking	Relators claimed unspecified legal errors	DHS pointed to substantial record and procedural compliance	Held: Relators failed to specify error; no legal error shown
Whether DHS used unlawful procedure (witnesses/evidence)	Relators argued DHS failed to interview witnesses, excluded evidence, relied on non-credible informant/irrelevant evidence	DHS and ALJ relied on rules permitting discretionary investigation and evidentiary rulings; relators had opportunity to call witnesses	Held: Procedures were lawful; exclusion of late exhibits and not calling R.J. were not error
Whether commissioner’s sanctions were arbitrary and capricious	Relators claimed suspensions were arbitrary	DHS considered nature, chronicity, severity, and effect on recipients and relied on admissions and employment records	Held: Not arbitrary or capricious; one-year suspensions within commissioner's discretion

In re Revocation of Family Child Care License of Burke, 666 N.W.2d 724 (Minn. App. 2003) (standard for reversing agency decisions: arbitrary, beyond authority, unlawful procedure, error of law, or unsupported by substantial evidence)
Minn. Ctr. for Envtl. Advocacy v. Minn. Pollution Control Agency, 660 N.W.2d 427 (Minn. App. 2003) (relator bears burden when challenging agency decision)
State v. Bartylla, 755 N.W.2d 8 (Minn. 2008) (pro se claims unsupported by argument or authority need not be considered)