COMMUNITY CARE CENTERS, INC. v. FSSA

No. 30A01-9702-CV-62.

716 N.E.2d 519 (1999)

COMMUNITY CARE CENTERS, INC., and Regency Place of Castleton, Appellants, Ben Hur Home, Inc.; Bradner Village Health Care Center; Bradner Village, Inc.; DHE, Inc.; Houston Development, Inc.; Houston Village, Inc.; Premier Providers, Inc.; and Williamsburg Health Care, Inc., Appellant-Intervenors, v. INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, Katherine L. Davis, Administrator of the Indiana Family and Social Services Administration, in her official capacity; The Indiana Office of Medicaid Policy and Planning, Kathleen D. Gifford, Assistant Administrator of the Indiana Family and Social Services Administration and Administrator of the Indiana Office of Medicaid Policy and Planning, in her official capacity, Appellees, and Counsel for the Class, Appellee, and Tioga Pines Living Center, Inc., Bloomington Convalescent Center, Inc., Nominal Appellees.

Court of Appeals of Indiana.

Rehearing Denied November 22, 1999.


Attorney(s) appearing for the Case

William P. Tedards, Jr., Washington, D.C., Steven D. Murphy, DeFur, Voran, Hanley, Radcliff & Reed, Muncie, Indiana, Attorneys for Appellant Community Care Centers, Inc.

Anthony W. Mommer, J. Michael Grubbs, Krieg DeVault Alexander & Capehart, Indianapolis, Indiana, Attorneys for Appellants/Intervenors.

Jeffrey A. Modisett, Attorney General, Jon Laramore, Deputy Attorney General, Indianapolis, Indiana, S. William Livingston, Jr., Mark H. Lynch, Robert D. Wick, Covington & Burling, Washington, D.C., Attorneys for Appellees.

David F. McNamar, Randall R. Fearnow, Janet A. McSharar, Alastair J. Warr, McNamar, Fearnow & McSharar, Indianapolis, Indiana, Michael J. Tosick, Greenfield, Indiana, Attorneys for Appellees/Class Counsel.


OPINION

SULLIVAN, Judge

This appeal arises from the approval of a settlement agreement and the award of Six Million Two Hundred Fifty Thousand Dollars ($6.25 million) in attorney fees in a class action initiated by several skilled nursing facilities and intermediate care facilities which alleged that they were not being properly compensated under the Indiana Medicaid program. Upon appeal, class member Community...

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