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Umbrella Family Waiver Servs., LLC v. Ind. Family & Soc. Servs. Admin.

Court of Appeals of Indiana

April 7, 2014

UMBRELLA FAMILY WAIVER SERVICES, LLC, Appellant-Petitioner,
v.
INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, Appellee-Respondent

Page 273

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Timothy Oakes, Judge. Cause No. 49D13-1212-PL-47680.

ATTORNEYS FOR APPELLANT: ROBERT W. MARKETTE, JR., KENDRA L. CONOVER, Hall, Render, Killian, Heath & Lyman, P.C., Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, KATHY BRADLEY, Deputy Attorney General, Indianapolis, Indiana.

BARTEAU, Senior Judge. VAIDIK, C.J., and CRONE, J., concur.

Page 274

OPINION

BARTEAU, Senior Judge

STATEMENT OF THE CASE

Umbrella Family Waiver Services, LLC (" Umbrella" ), appeals the trial court's denial of its Verified Petition for Judicial Review. We affirm.

ISSUES

Umbrella raises two issues, which we restate as:

I. Whether the Indiana Family and Social Services Administration (" FSSA" ) deprived Umbrella of due process of law in the course of terminating the parties' contract.
II. Whether FSSA's termination of the contract exceeded its statutory authority.

FACTS AND PROCEDURAL HISTORY

The facts are undisputed. In 2003, Umbrella executed a contract with FSSA to provide home- and community-based services under the Medicaid program. The contract designated Umbrella as the " Provider." Appellant's App. p. 3. The contract provided the following options for termination:

38. That this Agreement may be terminated as follows:
A. By IFSSA or its fiscal agent for Provider's breach of any provision in this Agreement;
B. By IFSSA or its fiscal agent, or by Provider, upon 60 days ...

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