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CHOICES INSTITUTE v. HEALTH CARE AUTHORITY

No. 109798. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

308 P.3d 177 (2013)

2013 OK CIV APP 71

CHOICES INSTITUTE, INC., Plaintiff/Appellee, v. OKLAHOMA HEALTH CARE AUTHORITY and Mike Fogarty, in his capacity as Chief Executive Officer of the Oklahoma Health Care Authority, Defendants/Appellants.

Court of Civil Appeals of Oklahoma, Division No. 1.

Rehearing Denied July 3, 2013.

Attorney(s) appearing for the Case

Howard J. Pallotta , Oklahoma City, Oklahoma, for Appellants.

Tom Q. Ferguson , Jon E. Brightmire , James R. Bullard , Tulsa, Oklahoma, for Appellee.

LARRY JOPLIN, Chief-Judge.

¶ 1 This is an appeal by the Oklahoma Health Care Authority (OHCA) from an order of the district court dismissing with prejudice the April 30, 2009 OHCA decision, wherein OHCA found Choices Institute, Inc. (Choices or Choices Institute) received Medicaid overpayments in the amount of $53,666. Choices Institute appealed the OHCA overpayment finding to the district court, arguing the institute had been deprived of due process without...

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