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CARPENTER v. STATE, DEP. OF HEALTH AND HOS.

No. 2005 CA 1904.

944 So.2d 604 (2006)

Louise M. CARPENTER v. STATE of Louisiana, DEPARTMENT OF HEALTH AND HOSPITALS.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied October 25, 2006.

Attorney(s) appearing for the Case

Peter J. Losavio, Baton Rouge, Counsel for Plaintiff/Appellee Louise M. Carpenter.

Neal R. Elliot, Jr., Baton Rouge, Counsel for Defendant/Appellant State of Louisiana, Department of Health and Hospitals.

Before: PETTIGREW, DOWNING, and HUGHES, JJ.

HUGHES, J.

This is an appeal by defendant, the Department of Health and Hospitals for the State of Louisiana, from a judgment by the 19th Judicial District Court restoring Medicaid benefits to plaintiff, Louise M. Carpenter. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

On February 5, 2004, Louise M. Carpenter, then ninety-two years of age, moved from the home of her daughter Sheryl Bergeron, where...

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