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Tuesday, June 08, 2004

Indiana Decisions - One Supreme Court, One Court of Appeals Opinions Posted Today

M-Plan, Inc., et al. v. Indiana Comprehensive Health Insurance Association, et al. (6/8/04 IndSCt) [Insurance; Administrative Law]
Boehm, Justice

The Plan of Operation of the Indiana Comprehensive Health Insurance Association requires any challenge to the Association’s assessment of its members to be presented to the Association’s Board, subject to a right of appeal to the Commissioner of Insurance. We hold that these remedies are required to be pursued before a member may challenge an assessment in court. * * *

The HMOs argue that they are relieved from the exhaustion requirement by the agency’s failure to act on their petition. The HMOs cite MHC Surgical Center Associates, Inc. v. State Office of Medicaid Policy and Planning, 699 N.E.2d 306, 309 (Ind. Ct. App. 1998), for this proposition. In that case, the court held that the plaintiffs were not required to exhaust administrative remedies because the agency had not taken action on the petitioner’s claims in over four years. Id. No such delay is asserted here. Nor have the HMOs have shown that ICHIA has otherwise deliberately refused to follow the law.

Conclusion. The judgment of the trial court is affirmed.
Shepard, C.J., Dickson, Sullivan, and Rucker, J.J., concur

Michael Hendricks v. State of Indiana (6/8/04 IndCtApp) [Criminal Law & Procedure]
Sullivan, Judge
Claims of ineffective assistance for inadequate presentation of issues that were not deemed waived in the direct appeal are the most difficult for defendants to advance and are almost always unsuccessful. Harrison v. State, 707 N.E.2d 767, 787 (Ind. 1999), cert. denied 529 U.S. 1088 (2000). We are not persuaded that this is one of those rare cases in which such a claim is successful. * * *
The denial of post-conviction relief is affirmed.
ROBB, J., and ROBERTSON, Sr.J., concur.

Posted by Marcia Oddi on June 8, 2004 01:57 PM
Posted to Indiana Decisions