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ELLIOTT v. STATE DEPT. OF SOCIAL & REHAB. SERV.

No. 49,900

3 Kan. App. 2d 494 (1979)

597 P.2d 679

ELAINE ELLIOTT, An Incapacitated Person, Appellant, v. STATE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES OF KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed July 13, 1979.

Attorney(s) appearing for the Case

Ernest J. Deines, of Deines & Wagner, of WaKeeney, for the appellant.

Stephen J. Craeton, of Topeka, for the appellee.

Before FOTH, C.J., ABBOTT and PARKS, JJ.

FOTH, C.J.:

The issue in this case is whether Kansas may refuse to furnish medical assistance to an otherwise eligible Kansas resident who chooses to receive care in another state. We hold that it may if the choice is in fact voluntary.

Elaine Elliott was born in Kansas in 1921, the daughter of Kansas natives who throughout her lifetime have been residents of Kansas. She was a retarded child, and has been adjudged to be an incapacitated person. She attended...

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