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JENSEN v. MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES

No. WD 65158.

186 S.W.3d 857 (2006)

Elisha JENSEN, Appellant, v. MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES, Respondent.

Missouri Court of Appeals, Western District.

March 28, 2006.

Attorney(s) appearing for the Case

Kimberly Jo Sternemann, Crystal City, MO, for Appellant.

Nicole L. Loethen, Jefferson City, MO, for Respondent.

Before VICTOR C. HOWARD, P.J., THOMAS H. NEWTON, and RONALD R. HOLLIGER, JJ.

THOMAS H. NEWTON, Judge.

Ms. Elisha Jensen appeals a circuit court judgment affirming the decision of an administrative hearing officer that reduced Ms. Jensen's personal assistance services under Missouri's Medicaid plan from seven days a week to five days a week and, thus, affirmed a determination of the Division of Vocational Rehabilitation of the Department of Elementary and Secondary Education.1 At issue is whether federal law preempts...

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