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BAKER v. STATE, DHSS

No. S-12598.

191 P.3d 1005 (2008)

Carmen S. BAKER and Catherine Burtness, on behalf of themselves and all those similarly situated, Petitioners, v. STATE of Alaska, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Karleen Jackson, in her official capacity as Commissioner of the Department, Division of Senior and Disabilities Services, and Rod Moline, in his official capacity as Director of the Division, Respondents.

Supreme Court of Alaska.

August 29, 2008.

Attorney(s) appearing for the Case

James J. Davis, Jr., and Goriune Dudukgian, Northern Justice Project, Anchorage, for Petitioners.

Joanne M. Grace, Assistant Attorney General, Anchorage, and Talis J. Colberg, Attorney General, Juneau, for Respondents.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

In 2006 the State of Alaska's Department of Health and Human Services implemented changes in the administration of its Personal Care Attendant program which resulted in the termination or reduction of in-home care services to over 1,000 individuals. This class action challenges the sufficiency of the notices sent by the state to those individuals whose...

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