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SULLIVAN v. DAY

No. 49S02-9612-CV-735.

681 N.E.2d 713 (1997)

Cheryl SULLIVAN, in her capacity as Secretary of Indiana Family and Social Services Administration and Indiana Family and Social Services Administration, Appellants (Defendants Below), v. Petricia DAY, individually and in behalf of all others similarly situated, Appellees (Plaintiffs Below).

Supreme Court of Indiana.

June 24, 1997.

Attorney(s) appearing for the Case

Pamela Carter, Attorney General, Jon Laramore, Deputy Attorney General, Office of the Attorney General, Indianapolis, for appellants.

Scott R. Severns, Severns Associates, Indianapolis, for appellees.

ON CIVIL PETITION TO TRANSFER

SELBY, Justice.

The central issue in this case is whether an individual whose medical condition will improve with treatment, but who cannot afford to pay for treatment, is disabled for purposes of Medicaid eligibility in Indiana. The Indiana Family and Social Services Administration and its Secretary (together "FSSA") appeal from the trial court's amended order of summary judgment declaring invalid FSSA's method of determining...

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