Agency for Persons with Disabilities v. Angel Heart Support Services, Inc.
The Third DCA reversed a temporary injunction that had barred the Agency for Persons with Disabilities from terminating a Medicaid Waiver Services Agreement without cause. Because section 409.907(2), Florida Statutes, mandates that Medicaid provider agreements be terminable by either party after reasonable notice, and the provider never challenged the statute's validity below, the provider could not establish a substantial likelihood of success on unconscionability or duress theories as a matter of law.
Key facts
- Angel Heart Support Services, Inc., a Medicaid provider, sought a temporary injunction to prevent the Agency for Persons with Disabilities from terminating their Medicaid Waiver Services Agreement without cause.
- The trial court granted the temporary injunction, finding Angel Heart likely to succeed on unconscionability and duress claims against the at-will termination provision.
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Why it matters
The opinion is a useful weapon for any state agency or contracting party defending a without-cause termination that is statutorily mandated: unconscionability and duress cannot defeat a clause the Legislature requires… — full analysis with a trial
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