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COMMUNITY HEALTHCARE CENTERONE, INC. v. STATE

Nos. 4D03-67, 4D03-670.

852 So.2d 322 (2003)

COMMUNITY HEALTHCARE CENTERONE, INC. ("CHC") n/k/a Aids Project Florida, Commcare Pharmacy, Inc. ("Commcare"), and Patients 1 Through 32, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 3, 2003.

Attorney(s) appearing for the Case

Faith E. Gay, David Draigh and Carlos F. Gonzalez of White & Case, LLP, Miami, for appellant Community HealthCare CenterOne, Inc., ("CHC") n/k/a AIDS Project Florida.

Marc S. Nurik, Stephen H. Siegel and Todd I. Stone of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellant Commcare Pharmacy, Inc., ("Commcare").

Emilio Benitez and Norman Kent, Fort Lauderdale, and Jonathan Givner, Pro Hac Vice, Lambda Legal Defense and Education Fund, New York, NY, for appellants Patients 1 through 32.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Frank J. Ingrassia, Assistant Attorney General, Fort Lauderdale, for appellee.

KLEIN, J.

Petitioner Community Healthcare Centerone, Inc. (CHC) is a medical clinic in Fort Lauderdale which provides medical treatment to patients suffering from HIV and AIDS. Commcare Pharmacy, Inc. (Commcare) is a pharmacy which fills prescriptions primarily for patients being treated for HIV or AIDS and related conditions. In August 2002, the Office of Statewide Prosecutor executed search warrants charging criminal Medicaid fraud and seized the medical and pharmaceutical...

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