BUCKLEY v. IOWA DEPT. OF HUMAN SERVICES

No. 99-1796.

638 N.W.2d 675 (2001)

Jay BUCKLEY, Appellee, v. IOWA DEPARTMENT OF HUMAN SERVICES, Appellant.

Supreme Court of Iowa.

Rehearing Denied February 6, 2002.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Gordon E. Allen, Deputy Attorney General, for appellant.

Christine E. Branstad, Steven P. Wandro, and Sandra K. Lyons of Wandro, Lyons, Wagner & Baer, P.C., Des Moines, for appellee.


PER CURIAM.

The Iowa Department of Human Services (DHS) appeals from a judgment reversing its order for recoupment of payments to Jay Buckley (petitioner), a dental service provider under Title XIX. The district court concluded that restrictions contained in a third-party billing manual prepared by the American Dental Association (ADA) had not been incorporated into the agency's rules concerning payment to dental service providers. The court ruled that, in the absence...

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