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ZEN GROUP, INC. v. AGENCY FOR HEALTH CARE ADMIN.

No. 22-10319.

80 F.4th 1319 (2023)

ZEN GROUP, INC., Carlos Otamendi, Plaintiffs-Appellants, v. State of Florida AGENCY FOR HEALTH CARE ADMINISTRATION, Secretary, State of Florida, Agency for Health Care Administration, Kelly Bennett, individually and in her official capacity as Chief of the Office of Medicaid Program Integrity within the State of Florida, Agency for Health Care Administration, Shevaun Harris, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: September 13, 2023.

Attorney(s) appearing for the Case

Anthony Conrad Vitale , The Health Law Office of Anthony C. Vitale, PA, Miami, FL, Eric Bravin , New York University Law School, New York, NY, Sean M. Ellsworth , Ellsworth Law Firm, PA, Miami Beach, FL, for Plaintiffs-Appellants.

Christopher Brian Lunny , Thomas A. Crabb , Laura McDonald Dennis , Radey Law Firm, Tallahassee, FL, for Defendants-Appellees.

Henry Charles Whitaker , Florida Attorney General Service, Daniel William Bell , Office of the Attorney General, Tallahassee, FL, David M. Costello , Florida Attorney General's Office, Office of the Solicitor General, Tampa, FL, for Amicus Curiae Solicitor General, State of Florida.

Christopher John Baum , Deputy Solicitor General, Attorney General's Office, Miami, FL, for Amicus Curiae Attorney General, State of Florida.

Before William Pryor, Chief Judge, and Luck and Hull, Circuit Judges.

This appeal involves alleged retaliation by officials of the Florida Agency for Health Care Administration against Zen Group, Inc., a Medicaid provider. Zen Group asserts that the officials made baseless referrals for investigation of fraud and suspended payments to Zen Group in retaliation for its previous exercise of...

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