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

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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.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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