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MARBLE v. STATE, DEPT. OF HEALTH & HUMAN SERV.

No. 99-347.

9 P.3d 617 (2000)

2000 MT 240

Carolyn M. MARBLE, Plaintiff and Appellant, v. STATE of Montana, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant and Respondent, and Benefis Healthcare, Intervenor and Appellant.

Supreme Court of Montana.

Decided August 31, 2000.

Attorney(s) appearing for the Case

Sunday Z. Rossberg, McPherson & Hutchison, Great Falls, Montana, For Appellant.

Barbara B. Hoffman, Special Assistant Attorney General, State of Montana, Department of Public Health and Human Services, Helena, Montana, For Respondent.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Intervenor Benefis Healthcare (Benefis) appeals an Order issued by the Eighth Judicial District Court, Cascade County, denying its motion to declare Carolyn Marble (Marble) eligible for Medicaid, and compel payment of Medicaid nursing home benefits. We affirm.

¶ 2 Benefis raises the following issues for review:

1. Does Montana's Administrative Procedures Act (MAPA) preclude...

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