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ROOB v. FISHER

No. 49A02-0602-CV-103.

856 N.E.2d 723 (2006)

E. Mitchell ROOB, Jr., in his individual Capacity as Secretary of the Indiana Family And Social Services Administration, Jeanne Labrecque, in her individual capacity and as Assistant Secretary, Indiana Office of Medicaid Policy and Planning, Indiana Family and Social Services Administration, and Indiana Office of Medicaid Policy and Planning, Appellants-Defendants, v. Jannis FISHER, et al., Appellees-Plaintiffs.

Court of Appeals of Indiana.

November 8, 2006.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Barbara A. Nardi and Frances Barrow, Deputy Attorneys General, Indianapolis, IN, Attorneys for Appellants.

Thomas R. Ruge and Steven W. Griesemer, Lewis & Kappes, P.C., Indianapolis, IN, Attorneys for Appellees.

OPINION

BAKER, Judge.

Appellants-defendants E. Mitchell Roob, et al. (collectively, the State), appeal from two orders entered by the trial court in which the court (1) found that Medicaid transportation providers and recipients have a private right of action pursuant to 42 U.S.C. section 1983 (Section 1983) and determined that the State's Medicaid transportation reimbursement rates were inadequate under applicable federal law; and (2) ordered that the mileage...

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