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KY SPIRIT HEALTH PLAN v. COM.

Nos. 2013-CA-001003-MR, 2013-CA-001081-MR.

462 S.W.3d 723 (2015)

KENTUCKY SPIRIT HEALTH PLAN, INC., Appellant/Cross-Appellee, v. COMMONWEALTH of Kentucky, FINANCE AND ADMINISTRATION CABINET; Lori Flannery, in Her Official Capacity as Secretary of the Finance and Administration Cabinet; Commonwealth of Kentucky, Cabinet for Health and Family Services; Audrey Haynes, in Her Official Capacity as Secretary of the Cabinet for Health and Family Services; and Commonwealth of Kentucky, Department of Medicaid Services, Appellees/Cross-Appellants. and Commonwealth of Kentucky, Finance and Administration Cabinet; Lori Flannery, in Her Official Capacity as Secretary of the Finance and Administration Cabinet; Commonwealth of Kentucky, Cabinet for Health and Family Services; Audrey Haynes, in Her Official Capacity as Secretary of the Cabinet for Health and Family Services; Commonwealth of Kentucky, Department of Medicaid Services; and Lawrence Kissner, in His Official Capacity as Commissioner of the Department of Medicaid Services, Appellees/Cross-Appellants, v. Kentucky Spirit Health Plan, Inc., Appellant/Cross-Appellee.

Court of Appeals of Kentucky.

RENDERED: MAY 15, 2015; 10:00 A.M.

Attorney(s) appearing for the Case

BRIEF FOR APPELLANT/CROSS-APPELLEE: Bethany A. Breetz , Philip Collier , Louisville, Kentucky, Christopher Flynn , Tracy A. Roman , Washington, D.C.

ORAL ARGUMENT FOR APPELLANT/CROSS-APPELLEE: Philip Collier , Louisville, Kentucky.

BRIEF FOR APPELLEES/CROSS-APPELLANTS: Richard M. Sullivan , Kenneth A. Bohnert , Bradley R. Palmer , Louisville, Kentucky.

ORAL ARGUMENT FOR APPELLEES/CROSS-APPELLANTS: Kenneth A. Bohnert , Louisville, Kentucky.

BEFORE: COMBS, JONES, AND MAZE, JUDGES.

OPINION

Kentucky Spirit Health Plan, Inc., (hereinafter "Kentucky Spirit") appeals from a decision of the Franklin Circuit Court granting summary judgment in favor of the numerous appellees in this case (collectively "the Commonwealth"). Specifically, Kentucky Spirit argues...

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