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HARE v. STATE DEPT. OF HUMAN SERVICES

No. C9-03-33.

666 N.W.2d 427 (2003)

Paula HARE, Respondent, v. STATE of Minnesota, DEPARTMENT OF HUMAN SERVICES, Appellant. Hennepin County Welfare Board, Respondent, UCare Minnesota, Respondent.

Court of Appeals of Minnesota.

July 29, 2003.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Patricia Sonnenberg, Assistant Attorney General, St. Paul, MN, for Appellant.

Philip A. Duran, Minneapolis, MN, and Constance Hope, Maple Grove, MN, for Respondent Paula Hare.

Amy Klobuchar, Hennepin County Attorney, Arthur W. Katzman, Assistant County Attorney, Minneapolis, MN, for Respondent Hennepin County Welfare Board.

Lora Esch Mitchell, Fredrikson & Byron, P.A., Minneapolis, MN, for Respondent UCare Minnesota.

Considered and decided by LANSING, Presiding Judge, PETERSON, Judge, and WRIGHT, Judge.

OPINION

WRIGHT, Judge.

After respondent Paula Hare was denied coverage for gender reassignment surgery by UCare Minnesota (UCare), her health plan, she appealed to the health plan's contracting agency, the Minnesota Department of Human Services (DHS), which affirmed UCare's decision. Hare sought judicial review in district court, and the district court reversed DHS's order. DHS now appeals, arguing that the district

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