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NEWCAP, INC. v. DEPT. OF HEALTH SERVICES

Appeal No. 2017AP1432.

916 N.W.2d 173 (2018)

2018 WI App 40

NEWCAP, INC., Plaintiff-Respondent, v. DEPARTMENT OF HEALTH SERVICES, Respondent-Appellant.

Court of Appeals of Wisconsin.

Filed June 12, 2018.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Brad D. Schimel , attorney general, and Steven C. Kilpatrick , assistant attorney general.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Diane M. Welsh of Pines Bach LLP, Madison.

Before. Stark, P.J., Hruz and Seidl, JJ.

¶ 1 This appeal involves efforts made by the Wisconsin Department of Health Services (DHS) to recoup payments it made to Newcap, Inc., a family planning clinic. DHS claims it had legal authority to recoup the amounts in question, pursuant to WIS. STAT. § 49.45(3)(f) (2015-16),1 because Newcap failed...

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