Michael T. Caracci and Cindy W. Caracci, et al. - Page 8




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          disallowed the Sta-Home tax-exempt entities’ claimed costs on               
          various items such as advertisements, pencils, cell phones,                 
          pagers, desks, and nurse recruiting.  The average amount of                 
          disallowed costs annually was .7 percent.                                   
               Under Mississippi law, a certificate of need (CON) is                  
          required to operate a licensed home health agency.  Since 1983,             
          Mississippi has had a moratorium on issuing new home health care            
          licenses.  In 1995, the only method of establishing a new home              
          health care agency business in Mississippi was to purchase the              
          license of an existing licensed home health care agency.                    
          Although several bills have been introduced in the Mississippi              
          legislature to lift the moratorium, none has ever been enacted.             
          Michael Vincent, the chief executive officer of the Sta-Home                
          corporations, had personally contacted members of the Mississippi           
          legislature to urge them not to lift the moratorium.  He also had           
          urged others to ask the Mississippi legislators not to lift the             
          moratorium.  From 1986 to 1993, the home health care business in            
          Mississippi increased 340 percent (as compared to doubling                  
          nationally), but no new home health care agencies had entered               
          that State.                                                                 
               In 1995, the Sta-Home tax-exempt entities ranked first or              
          second in market share in 14 of the 19 counties in their service            
          area.  “Sta-Home” was a recognized name in home health care in              








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