BALINO v. DEPT. OF HEALTH & REHAB. SERV.

No. EE-62.

348 So.2d 349 (1977)

America BALINO et al., Petitioners, v. The DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES of the State of Florida, et al., Respondents.

District Court of Appeal of Florida, First District.

July 11, 1977.


Attorney(s) appearing for the Case

Stephen Maher, Legal Services of Greater Miami, Inc., Miami, for petitioners.

Chester G. Senf, Jacksonville, for respondents.


ERVIN, Judge.

The issue before us is who has the burden of proof at a reclassification hearing, the recipients of Medicaid benefits seeking continued assistance, or the Department of Health and Rehabilitative Services? We agree that the burden should be placed upon the Department and reverse.

Petitioners are elderly Medicaid recipients residing in Florida nursing homes. In September, 1975, the Secretary of the Department...

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