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DAY v. ARIZONA HEALTH CARE COST CONTAINMENT

No. 1 CA-CV 04-0315.

109 P.3d 102 (2005)

210 Ariz. 207

James DAY, by and through ARIZONA DEPARTMENT OF VETERANS' SERVICES, as Guardian and Conservator, Plaintiff-Appellant, v. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION, an Agency of the State of Arizona; Phyllis Biedess, in her capacity as Director of AHCCCS, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

As Amended May 12, 2005.

Reconsideration Denied May 13, 2005.

Attorney(s) appearing for the Case

Jackson White, P.C. By Eric K. Macdonald, Mesa, Attorneys for Plaintiff-Appellant.

Johnston Law Offices, P.L.C. By Logan T. Johnston, Phoenix, Attorneys for Defendants-Appellees.

OPINION

LANKFORD, Judge.

¶ 1 Plaintiff James Day appeals a superior court judgment in favor of the Arizona Health Care Cost Containment System Administration ("AHCCCS"). The judgment affirmed an AHCCCS administrative order that guardian and conservator fees are not "medically necessary" and are not included in the calculation of an AHCCCS recipient's share of cost.

¶ 2 On appeal, Plaintiff challenges the judgment. He contends that guardianship...

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