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TEXAS HOME MANAGEMENT, INC. v. TEXAS DEPT. OF MHMR

No. 03-96-00705-CV.

953 S.W.2d 1 (1997)

TEXAS HOME MANAGEMENT, INC. d/b/a Appleby Home, Appellant, v. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, Appellee.

Court of Appeals of Texas, Austin.

Order Overruling Rehearing October 2, 1997.

Attorney(s) appearing for the Case

J. Stephen Dillawn, Small, Craig & Werkenthin, Austin, for appellant.

Ian James Quincy Quinlan, Assistant Attorney General, Administrative Law Division, Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

Texas Home Management, Inc. d/b/a Appleby Home appeals the district court's order affirming the decision of the Texas Department of Mental Health and Mental Retardation (MHMR) terminating Appleby Home's Medicaid contract due to the imposition of three vendor holds within an eighteen-month period. Appleby Home contends MHMR lacks the statutory authority to impose vendor holds on mental health care facilities and to terminate the facilities'...

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