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VIVEROS v. STATE DEPT. OF HEALTH AND WELFARE

No. 21187.

889 P.2d 1104 (1995)

126 Idaho 714

Jeremy VIVEROS, Plaintiff-Appellant, v. STATE of Idaho DEPARTMENT OF HEALTH AND WELFARE, Defendant-Respondent.

Supreme Court of Idaho, Twin Falls, November 1994 Term.

February 16, 1995.

Attorney(s) appearing for the Case

Idaho Legal Aid Services, Inc., Twin Falls, for appellant. Michael F. McCarthy argued.

Larry Echohawk, Atty. Gen., James T. Baird, Deputy Atty. Gen., Twin Falls, for respondent. James T. Baird argued.

McDEVITT, Chief Justice.

This is an appeal from a decision of the district court affirming the decision of the Idaho Department of Health and Welfare (Department) to deny Medicaid coverage for an ear reduction and reshaping surgery (otoplasty) for eight year old Jeremy Viveros (Viveros). The surgery was recommended by Viveros' treating physician to correct the "congenital malformation" of Viveros' ears and to lessen the...

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