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SEMERZAKIS v. COM'R OF SOCIAL SERVICES

Nos. 17180, 17181.

873 A.2d 911 (2005)

274 Conn. 1

Elizabeth SEMERZAKIS v. COMMISSIONER OF SOCIAL SERVICES.

Supreme Court of Connecticut.

Decided June 7, 2005.

Attorney(s) appearing for the Case

Hugh Barber, assistant attorney general, with whom were Tanya Feliciano DeMattia, assistant attorney general, and, on the brief, Richard Blumenthal, attorney general, and Richard J. Lynch, assistant attorney general, for the appellant in Docket No. SC 17180 (defendant).

Michael J. Kolosky, with whom were Bradford S. Babbitt and, on the brief, Linda L. Morkan, Hartford, for the appellant in Docket No. SC 17181 (intervening defendant).

Randi F. Mezzy, with whom was Shirley Bergert, for the appellee in both cases (plaintiff).

Royal J. Stark, Vernon, filed a brief for the Center for Children's Advocacy et al. as amici curiae.

BORDEN, NORCOTT, KATZ, VERTEFEUILLE and ZARELLA, Js.

NORCOTT, J.

The principal issue in these appeals is whether the orthodontics regulation, § 17-134d-35 (e) of the Regulations of Connecticut State Agencies,1 is a reasonable utilization control over the provision of orthodontic treatment to individuals receiving medicaid early prevention, screening, diagnosis and treatment (EPSDT) services pursuant to 42 U.S.C. § 1396d (r).

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