Benjamin B. and Dorina Micorescu - Page 15

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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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