GARNER v. STATE DEPT. OF HEALTH

No. S-10318.

63 P.3d 264 (2003)

John R. GARNER, Appellant, v. STATE of Alaska, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DIVISION OF MEDICAL ASSISTANCE, Appellee.

Supreme Court of Alaska.

January 31, 2003.


Attorney(s) appearing for the Case

James J. Davis, Jr. and Nikole M. Nelson, Alaska Legal Services Corporation, Anchorage, for Appellant.

Dawn M. Carman and Charles T. Huguelet, Assistant Attorneys General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Michael N. Zechman, Disability Law Center of Alaska, Anchorage, for Amicus Curiae.

Before FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.


OPINION

CARPENETI, Justice.

I. INTRODUCTION

John Garner, a severely retarded state Medicaid recipient, challenges the decision of the Department of Health and Social Services, Division of Medical Assistance not to cover the cost of a routine dental exam which he has characterized as medically necessary. Because the record has not been sufficiently developed to determine whether the agency failed to comply either with its own regulations...

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