WESTMED REHAB, INC. v. DEPARTMENT OF SOCIAL SERVICES

No. 23010.

687 N.W.2d 516 (2004)

2004 SD 104

WESTMED REHAB, INC., Appellee, v. DEPARTMENT OF SOCIAL SERVICES, Appellant.

Supreme Court of South Dakota.

Decided September 15, 2004.


Attorney(s) appearing for the Case

Robert Gusinsky of Lynn, Jackson, Shultz & Lebrun Rapid City, South Dakota, Attorneys for appellee.

Lawrence E. Long, Attorney General, Kirsten E. Jasper, Assistant Attorney General Pierre, South Dakota Attorneys for appellant.


ERICKSON, Circuit Judge.

[¶ 1.] The South Dakota Department of Social Services (DSS) appeals a circuit court order reversing a DSS decision holding itself entitled to recovery or reimbursement of monies paid for certain equipment provided to Medicaid recipients. As part of its appeal, DSS challenges a circuit court ruling that ARSD 67:16:29:04.02 draws a distinction between a completed certificate of medical necessity (CMN) and a signed CMN for purposes of Medicaid...

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