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ROOB v. FISHER

No. 49A02-0602-CV-103.

866 N.E.2d 781 (2007)

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.

May 21, 2007.

Attorney(s) appearing for the Case

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

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

OPINION ON REHEARING

BAKER, Chief Judge.

In our original published opinion, we concluded that neither Medicaid Providers nor Recipients have a private right of action pursuant to Section 1983. Roob v. Fisher, 856 N.E.2d 723 (Ind.Ct.App.2006). The Appellees have filed a petition for rehearing in which they point out that the State conceded the issue of Recipient standing at the trial court level. Moreover, the State...

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