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BRYANT HEALTH CARE FACILITIES v. HAMILTON

No. 61A04-0210-CV-516.

793 N.E.2d 229 (2003)

LEE ALAN BRYANT HEALTH CARE FACILITIES, INC., Appellant-Plaintiff, v. John HAMILTON, in his official capacity as Secretary of the Family and Social Services Administration, Family and Social Services Administration, Division of Disability, Aging and Rehabilitative Services, and Robert Hornyak, Acting Director Residential Care Assistance Program, Appellees-Defendants.

Court of Appeals of Indiana.

August 12, 2003.

Attorney(s) appearing for the Case

Janet A. McSharar, Thomas E. Schulte, Harrison & Moberly, L.L.P., Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION ON REHEARING

BROOK, Chief Judge.

In its petition for rehearing, Lee Alan Bryant Health Care Facilities, Inc. ("Bryant Health Care"), contends that in our original opinion, we incorrectly assumed that the Division of Disability and Rehabilitative Services ("DDARS") is unable to fund all eligible applicants for the Residential Care Assistance Program ("RCAP"). See Lee Alan Bryant Health Care Facilities, Inc. v. Hamilton, 788...

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