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FOR PUBLICATION

ATTORNEYS FOR APPELLANTS: GREGORY F. ZOELLER Attorney General of Indiana DAVID L. STEINER Deputy Attorney General Indianapolis, Indiana FRANCES BARROW Deputy Attorney General Indianapolis, Indiana

ATTORNEYS FOR APPELLEES: TODD A. RICHARDSON KEVIN A. MORRISSEY Lewis & Kappes Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Jun 08 2012, 8:30 am

CLERK

IN THE COURT OF APPEALS OF INDIANA
MICHAEL A. GARGANO, in his official capacity as Secretary of the Indiana Family and Social Services Administration, et al., Appellants-Defendants, vs. LEE ALAN BRYANT HEALTH CARE FACILITIES, INC., et al., Appellees-Plaintiffs. ) ) ) ) ) ) ) ) ) ) ) )

No. 49A02-1105-PL-449

APPEAL FROM THE MARION SUPERIOR COURT The Honorable David J. Dreyer, Judge Cause No. 49D10-0911-PL-51397

June 8, 2012 OPINION - FOR PUBLICATION BROWN, Judge

The Family and Social Services Administration ("FSSA"), the Division of Aging (the "DOA"), and Residential Care Assistance Program (the "RCAP," and FSSA, the DOA, and the RCAP, collectively, "Appellants"), appeal the February 15, 2011 judgment of the trial court in favor of Lee Alan Bryant Health Care Facilities, Inc.; Parkeview Residential Care Center, L.L.C.; Parke County Residential Care Center L.L.C.; Westpark Health Care Facilities, L.L.C. (together, "Providers"); Cheryl A. Holland; Ross Fisher; Patrick Zaborski; and Bryan Frison (Providers and individuals, collectively, "Appellees"). Appellants raise three issues, which we revise and restate as whether the court erred in entering judgment in favor of Appellees and against Appellants regarding the partial suspension of the RCAP. We reverse and remand. BACKGROUND The DOA is a division of FSSA and administers a variety of programs, including the RCAP, related to certain services for disabled or senior individuals. See Ind. Code

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