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participant who was referred to petitioners in 1992, 1993, and
1994. Part III of the contract, Compensation and Billing,
states that the "Provider" (petitioners) agrees to accept as full
compensation the amounts set forth in an attached exhibit to the
agreement. It is also agreed that "Each Participant placed with
the Provider shall have his/her rate based on his/her individual
Service Plan".6 In part VIII of the agreement, Term and
Termination, the parties agree that the "placement" may be
terminated by either the Participant, the Provider, or ElderPlace
upon 2 weeks' notice. "After the first two weeks of the
Participant's placement," the service plan may be terminated by
the Provider under circumstances enumerated in the agreement. No
agency of the State or a political subdivision thereof was a
party to the contract between ElderPlace and petitioners.
6Under the contract, a "Participant" is defined as a person
enrolled in the ElderPlace program. The term "Service Plan" is
defined as the plan determined for "each Participant placed with
the Provider." (Emphasis added.)
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