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MEDICAID v. CONVAL-CARE, INC.

No. 93-1283.

636 So.2d 117 (1994)

MEDICAID, PROGRAM INTEGRITY, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. CONVAL-CARE, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 31, 1994.

Attorney(s) appearing for the Case

Karel Baarslag, Sr. Atty., HRS Medicaid Legal, Tallahassee, for appellant.

Julie Gallagher of Stowell, Anton & Kraemer, Tallahassee, for appellee.

SMITH, Judge.

Medicaid Program Integrity, Department of Health and Rehabilitative Services, appeals an order dismissing its civil complaint against Conval-Care, Inc., a Medicaid provider, for breach of contract damages, treble damages for civil theft, and injunctive relief. We agree with the trial court's ruling that the legislature, in enacting section 409.901 et seq., Florida Statutes (1991), contemplated that when a Medicaid provider is charged with accepting...

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