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HOLMES v. DEPT. OF HEALTH & HUMAN SERV.

No. S-06-1141.

745 N.W.2d 578 (2008)

275 Neb. 211

Roy T. HOLMES, Individually, and Patricia G. Holmes, Conservator of the Estate of Roy T. Holmes, a Protected Person, Appellees, v. STATE of Nebraska DEPARTMENT OF HEALTH AND HUMAN SERVICES and Nancy Montanez, Director of the Nebraska Department of Health and Human Services, Appellants.

Supreme Court of Nebraska.

March 7, 2008.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, John L. Jelkin, and, on brief, Douglas D. Dexter for appellants.

Joseph C. Byam, of Byam & Hoarty, for appellees.

HEAVICAN, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

This case involves the determination of a patient's ability to pay for mental health care provided by the Nebraska Department of Health and Human Services (DHHS). The issue is whether DHHS properly determined Roy T. Holmes' ability to pay for his care.

SCOPE OF REVIEW

A judgment or final order rendered by a district court in a judicial review pursuant to the Administrative Procedure Act may be reversed, vacated...

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