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HUSREFOVICH v. DAIL

No. 04-459.

898 A.2d 726 (2006)

2006 VT 17

Esma HUSREFOVICH, et al. v. DEPARTMENT OF AGING AND INDEPENDENT LIVING.

Supreme Court of Vermont.

Motion for Reargument Denied April 18, 2006.

Attorney(s) appearing for the Case

William R. Dysart, Vermont Senior Citizens Law Project, Vermont Legal Aid, Inc., Burlington, for Appellants.

Christina Byrom, Waterbury, for Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

ALLEN, C.J. (Ret.), Specially Assigned.

¶ 1. Appellants in this case are elderly and disabled individuals who received inhome personal care services pursuant to a federally-approved Medicaid waiver program.1 They filed a consolidated appeal with the Human Services Board, asserting that the Department of Aging and Independent Living (DAIL) violated the law by failing to engage in rulemaking before imposing "maximums" on the amount...

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