NOLAND v. FAMILY AND SOCIAL SERVICES ADMIN.

No. 49A02-0004-CV-245.

750 N.E.2d 401 (2001)

Roberta NOLAND, Appellant-Petitioner, v. FAMILY AND SOCIAL SERVICES ADMINISTRATION, DIVISION OF DISABILITY, AGING, AND REHABILITATIVE SERVICES, Venita Moore, in her official Capacity as Secretary of the Family and Social Services Administration, and Kathleen M. Wilson, in her official Capacity as Assistant Secretary of the Division of Disability, Aging, and Rehabilitative Services, Appellee-Respondent.

Court of Appeals of Indiana.

June 12, 2001.


Attorney(s) appearing for the Case

Milo G. Gray, Jr., Gary W. Ricks, Debbie Dial, Indiana Protection and Advocacy Services, Indianapolis, IN, Attorneys for Appellant.

Karen M. Freeman-Wilson, Attorney General of Indiana, Eileen Euzen, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION ON REHEARING

VAIDIK, Judge.

The State petitions for rehearing on Noland v. Indiana FSSA, 743 N.E.2d 1200 (Ind.Ct.App.2001). In that opinion, we held that it was wrong as a matter of law to require an individual to show that she needed twenty-four hour care in order to qualify for Intermediate Care Facility for the Mentally Retarded (ICF/MR) waiver services. Instead, we found that an individual's eligibility...

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