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[SUPREME] ResCare Health Services, Inc. v. Indiana Family & Social Services Administration - Office of Medicaid Policy and Planning, No. 21S-MI-00372

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Thursday, October 21, 2021 9:00am to 9:40am

[SUPREME] ResCare Health Services, Inc. v. Indiana Family & Social Services Administration - Office of Medicaid Policy and Planning, No. 21S-MI-00372
Statehouse, Supreme Court Courtroom, 200 West Washington Street, Indianapolis, IN 46204

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Due to the COVID-19 pandemic, masks are required in the Courtroom, and public seating is limited for social distancing. (A live webcast will be available outside the Courtroom and remotely.)

The Indiana Family and Social Services Administration denied Medicaid reimbursement to ResCare, an operator of intermediate care facilities for people with intellectual disabilities, for over-the-counter drugs prescribed to its residents by doctors. The Marion Superior Court denied ResCare’s petition for judicial review and declined ResCare’s alternative request for declaratory judgment on whether it could charge the cost of these drugs to its residents’ personal fund accounts. The Court of Appeals affirmed. ResCare Health Services, Inc. v. Indiana Family and Social Services Administration - Office of Medicaid Policy and Planning, 169 N.E.3d 864 (Ind. Ct. App. 2021), vacated. The Supreme Court has granted transfer and assumed jurisdiction over the appeal.

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