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THIE v. DAVIS

No. 49A02-9609-CV-574.

688 N.E.2d 182 (1997)

Ruth THIE, Appellant-Plaintiff, v. Katherine L. DAVIS, in her official capacity as Secretary of the Indiana Family and Social Services Administration, Kathleen D. Gifford, in her official capacity as Assistant Secretary of the Indiana Office of Medicaid Policy and Planning, and Indiana Family and Social Services Administration, Appellee-Defendants.

Court of Appeals of Indiana.

October 30, 1997.

Attorney(s) appearing for the Case

Kenneth J. Falk, Jacquelyn Bowie, Indianapolis, for Appellant-Plaintiff.

Jeffrey A. Modisett, Attorney General, Jon Laramore, Deputy Attorney General, Indianapolis, for Appellee-Defendant.

OPINION

KIRSCH, Judge.

Medicaid recipient Ruth Thie appeals1 an adverse summary judgment concerning her request for Medicaid coverage. She presents two issues, which we restate as:

I. Whether the Indiana Medicaid regulation excluding coverage for dentures violates federal Medicaid law.

II. Whether the Indiana Medicaid regulation excluding coverage for dentures violates state Medicaid law.

We reverse.<...

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