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FOR PUBLICATION
ATTORNEY FOR APPELLANT: BRUCE N. MUNSON Muncie, Indiana ATTORNEY FOR APPELLEE: FORREST BOWMAN, JR. Bowman, Cosby & Bowman Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
LEGACY HEALTHCARE, INC., Appellant (Defendant/CounterPlaintiff), vs. BARNES & THORNBURG, Appellee (Plaintiff/CounterDefendant). ) ) ) ) ) ) ) ) ) ) )

No. 18A02-0408-CV-646

APPEAL FROM THE DELAWARE CIRCUIT COURT NO. 1 The Honorable Marianne L. Vorhees, Judge Cause No. 18C01-0104-CP-222

November 28, 2005 OPINION - FOR PUBLICATION

SULLIVAN, Judge

Appellant-Defendant/Counter-Plaintiff, Legacy Healthcare, Inc. ("Legacy"), filed a counter-claim against Appellee-Plaintiff/Counter-Defendant, Barnes & Thornburg ("B&T"), alleging malpractice in B&T's representation of Legacy concerning Legacy's participation in the Medicaid program. Specifically, Legacy alleged that B&T

negligently failed to perfect appeals of certain administrative determinations adverse to Legacy. The trial court granted B&T's motion for summary judgment. Legacy now appeals, 1 presenting three issues, which we reorder and restate as whether the trial court erred in granting summary judgment in favor of B&T on Legacy's three claims of malpractice based upon the following three events: (1) B&T's failure to file the Agency Record in the judicial review of the administrative agency decision to disqualify a certain administrative law judge ("ALJ"); B&T's failure to timely challenge a September 21, 1999 notice from the Indiana State Department of Health ("ISDH") terminating Medicaid certification for Legacy's Community Care Center in North Vernon; and B&T's failure to challenge a September 2, 1999 notice from the ISDH terminating the Medicaid certification for Legacy's New Horizon Developmental Center ("New Horizon").

(2)

(3)

We affirm. The resolution of this case involves the unfortunately convoluted and complex nature of the Medicaid system. Because of this, we first attempt a general overview of

In 2002, during the proceedings in the trial court, the trustee in bankruptcy for Legacy was susbstituted as a party. We nevertheless will refer to "Legacy" as the party.

1

2

this system. 2 As is typical when dealing with governmental agencies, acronyms flourish. A listing of the acronyms frequently used follows:

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Indiana Law