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ALABAMA MEDICAID AGENCY v. KERBY

2100874.

84 So.3d 95 (2011)

ALABAMA MEDICAID AGENCY v. Betty Jane KERBY, by and through her next friend, Brenda Montgomery.

Court of Civil Appeals of Alabama.

October 28, 2011.

Attorney(s) appearing for the Case

Luther Strange , atty. gen.; Courtney W. Tarver , deputy atty. gen. and gen. counsel, Alabama Department of Mental Health; and Stephanie McGee Azar , gen. counsel, Alabama Medicaid Agency, for appellant.

Stephen F. Brown of Harris, Caddell & Shanks, P.C., Decatur, for appellee.

THOMAS, Judge.

In 2008, Brenda Montgomery, the cousin of Betty Jane Kerby, sought services for Kerby under the Alabama Mental Retardation Home and Community Based Waiver program ("waiver services") from the Alabama Medicaid Agency ("the Agency"). The waiver services are administered by the Alabama Department of Mental Health ("the Department") and are provided to persons suffering from an intellectual disability.1 The Department denied...

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