Legal Opinion

Medicaid, Program Integrity, Department of Health & Rehabilitative Services v. Conval-Care, Inc.

District Court of Appeal of Florida

Decided April 19, 1994No. 93-1283PublishedCited by 3 opinions

1Opinion of the Court

SMITH, Judge.

Medicaid Program Integrity, Department of Health and Rehabilitative Services, appeals an order dismissing its civil complaint against Conval-Care, Inc., a Medicaid provider, for breach of contract damages, treble damages for civil theft, and injunctive relief. We agree with the trial court’s ruling that the legislature, in enacting section 409.901 et seq., Florida Statutes (1991), contemplated that when a Medicaid provider is charged with accepting overpayments, which the provider disputes, the administrative forum under Chapter 120, Florida Statutes, is the *118appropriate forum to…

2Cases cited2 opinions

  1. Rosen v. MarlinDistrict Court of Appeal of Florida · 1986
  2. Gordon v. Omni Equities, Inc.District Court of Appeal of Florida · 1992

3Cited by3 opinions

  1. Diaz v. State, Agency for Health Care AdministrationDistrict Court of Appeal of Florida · 2011
  2. Salas v. Grancare, Inc.Colorado Court of Appeals · 2001
  3. Agency for Persons with Disabilities v. Angel Heart Support Services, Inc.District Court of Appeal of Florida · 2024

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