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MICHELETTI v. STATE HEALTH BENEFITS COM'N

No. A-4418-05T2

913 A.2d 842 (2007)

389 N.J. Super. 510

In the Matter of Jacob MICHELETTI (a minor) Dependent of the Adult Insured, Joseph Micheletti, Petitioner-Appellant, v. STATE HEALTH BENEFITS COMMISSION, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 17, 2007.

Attorney(s) appearing for the Case

Joseph M. Micheletti, appellant pro se.

Anne Milgram, Acting Attorney General, for respondent (Michael J. Haas, Assistant Attorney General, of counsel; Jeff Ignatowitz, Deputy Attorney General, on the brief).

Before Judges STERN, COLLESTER and SABATINO.

The opinion of the court was delivered by

COLLESTER, J.A.D.

The appeal by Joseph Micheletti (petitioner) on behalf of his son Jacob ("Jake") raises the issue as to whether coverage for medically necessary treatment may be declined to an autistic child as a dependent under the State Health Benefits Program (Program).

The Program was created by the State Health Benefits Program Act of 1961, N.J.S.A. 52:14-17.25 to .45 (Act), which also spawned...

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