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Get OPSC04-613-correct.doc - Floridasupremecourt

Ision of the Third District Court of Appeal declaring invalid section 409.920(2)(e), Florida Statutes (2000), the antikickback provision of the Florida Medicaid fraud statute. We have jurisdiction. See art. V, 3(b)(1), Fla. Const. For the reasons explained below, we conclude that this provision of Florida s Medicaid fraud statute is in conflict with federal law and therefore preempted by it. FACTS AND PROCEDURAL HISTORY In December 2000, the Office of the Statewide Prosecutor filed a.

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