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ADVANTAGE HOME HEALTH CARE, INC. v. DEPT. OF HEALTH

No. 18S02-0405-CV-198.

829 N.E.2d 499 (2005)

ADVANTAGE HOME HEALTH CARE, INC., Appellant (Plaintiff below), v. INDIANA STATE DEPARTMENT OF HEALTH and Indiana State Health Commissioner, Appellees (Defendants below).

Supreme Court of Indiana.

June 22, 2005.

Attorney(s) appearing for the Case

Virginia Wright Caudill, Robert W. Markette, Jr., Indianapolis, for Appellant.

Steve Carter, Attorney General of Indiana, David L. Steiner, Laureanne Nordstrom, Deputies Attorney General, Indianapolis, for Appellees.

Peter D. Keisler, Assistant Attorney General of the United States, Susan W. Brooks, United States Attorney, James P. Hanlon, Assistant United States Attorney, Michael S. Raab, Mark S. Davies, Attorneys, Appellate Staff, Department of Justice, for Amicus Curiae.

SHEPARD, Chief Justice.

Dissatisfied with reports about inspections the Indiana Department of Health conducted of its facilities, appellant Advantage Home Health Care filed for declaratory judgment. It sought to establish that the inspection reports and accompanying requests for correction of deficiencies constituted orders appealable under the Administrative Orders and Procedures Act. Because Advantage did not exhaust the administrative procedures available to it...

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