FULKERSON v. COMMISSIONER, MAINE DHS


628 A.2d 661 (1993)

Vicki FULKERSON, et al. v. COMMISSIONER, MAINE DEPARTMENT OF HUMAN SERVICES.

Supreme Judicial Court of Maine.

Decided July 15, 1993.


Attorney(s) appearing for the Case

Jack Comart (orally), Pine Tree Legal Assistance, Inc., Augusta, for plaintiffs.

Steven R. Davis (orally), Asst. Atty. Gen., Augusta, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, COLLINS, RUDMAN and DANA, JJ.


WATHEN, Chief Justice.

Plaintiffs, eight named Medicaid recipients, appeal from a summary judgment granted in favor of the Department of Human Services (hereinafter "DHS") by the Superior Court (Kennebec County, Alexander, J.). Plaintiffs contend that the court erred in finding that certain co-payment rules adopted by DHS are valid and are not arbitrary, capricious, or unlawful. Finding no error, we affirm the judgment.

In 1991 the Legislature directed...

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