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NEVADACARE v. DEPARTMENT OF HUMAN SERVICES

No. 08-0952.

783 N.W.2d 459 (2010)

NEVADACARE, INC. d/b/a i/hx Iowa Health Solutions, Inc., Appellant, v. DEPARTMENT OF HUMAN SERVICES and Kevin W. Concannon, in His Official Capacity as Director, Department of Human Services, Appellees.

Supreme Court of Iowa.

Rehearing Denied June 22, 2010.

Attorney(s) appearing for the Case

Michael A. Dee of Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, P.L.C., Des Moines, David L. Brown of Hansen, McClintock & Riley, Des Moines, and Matthew G. Weber and Stephen G. Masciocchi of Holland & Hart, LLP, Denver, Colorado, for appellant.

Mark E. Weinhardt, David Swinton, Margaret C. Callahan, and Danielle M. Shelton of Belin Lamson McCormick Zumbach Flynn, Des Moines, for appellees.

WIGGINS, Justice.

In this appeal, we must decide if the district court properly determined that NevadaCare, Inc. d/b/a i/hx Iowa Health Solutions, Inc. was not entitled to damages under a series of contracts setting capitation rates payable to it. We must also decide whether the district court correctly awarded the department of human services and Kevin W. Concannon (hereinafter collectively referred to as "DHS") attorney fees under the contracts. On our review of...

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