COHON EX REL. BASS v. NEW MEXICO DEPT. OF HEALTH

No. 10-2002.

646 F.3d 717 (2011)

Jessica COHON, through her mother/next friend Stevie BASS, Plaintiff-Appellant, v. State of NEW MEXICO DEPARTMENT OF HEALTH; New Mexico Human Services Department; New Mexico Aging & Long Term Services Department; Lovelace Community Health Plan; Carolyn Ingram, Medicaid Assistance Division Director; Pamela Hyde, Secretary of Human Services Department; Alfredo Vigil, Secretary of Department of Health; Cindy Padilla, Secretary of Aging & Long Term Services, all in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 9, 2011.


Attorney(s) appearing for the Case

Maureen A. Sanders ( Duff Westbrook with her on the briefs), Sanders & Westbrook, P.C., Albuquerque, NM, for the Appellant.

Paul R. Ritzma ( Mark H. Reynolds , New Mexico Human Services Department, Santa Fe, NM, Chris Woodward , New Mexico Department of Health, Santa Fe, NM, and Ana Marie Ortiz , New Mexico Aging and Long Term Services Department, Santa Fe, NM, with him on the brief), New Mexico Human Services Department, Santa Fe, NM, for the Appellees.

Jennifer L. Stone and Thomas Outler , Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, filed a brief for Appellee Lovelace Community Health Plan.

Before TACHA, HOLLOWAY and KELLY, Circuit Judges.


HOLLOWAY, Circuit Judge.

Plaintiff-Appellant Jessica Cohon sought funding through New Mexico's Mi Via Waiver program,1 a Medicaid program offered by New Mexico that offers a home and community-based alternative to institutional care for qualifying individuals. Cohon qualified for the Mi Via Waiver program and submitted budget requests which were granted in part and denied in part. She unsuccessfully...

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