ILNews

FSSA able to terminate 9-year Medicaid provider contract without cause

Back to TopCommentsE-mailPrintBookmark and Share

An Indiana Court of Appeals panel unanimously rejected a company’s argument that its state contract was wrongfully terminated. The company argued it has a property interest in continuing to be a Medicaid services provider.
 
Umbrella Family Waiver Services LLC signed a contract with the Indiana Family and Social Services Administration in 2003 to provide home- and community-based services under the Medicaid program. The agreement included provisions that allowed the state to end the contract for no reason with 60 days notice.

However, when FSSA notified Umbrella the contract was being terminated, the service provider fought back by requesting an administrative review. Umbrella was unable to convince the administrative law judge to rule in favor of its motion for summary judgment and the company was unsuccessful in its request for a review of the summary judgment decision.

Turning to the courts, Umbrella filed a Verified Petition for Judicial Review. After the Marion Superior Court denied the petition and affirmed FSSA’s termination of the contract, Umbrella filed an appeal with the Court of Appeals.

The denial of the verified petition was affirmed in Umbrella Family Waiver Services, LLC, v. Indiana Family and Social Services Administration, 49A02-1306-PL-525.
  
The COA did not find merit with Umbrella’s arguments that it has a property interest in continuing to serve as a Medicaid provider. FSSA has discretion in drafting contracts, the Court of Appeals pointed out, so Umbrella did not have a legitimate expectation that the state would provide a reason for the termination. Also, the appellate court found that Umbrella was not entitled to additional processes beyond the 60-day notice requirement.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

  2. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  3. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  4. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  5. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

ADVERTISEMENT