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DETGEN EX REL. DETGEN v. JANEK

No. 13-10396.

752 F.3d 627 (2014)

Scott DETGEN, by His Next Friend, L.C. DETGEN; Juanita Barraza, by Her Next Friend, Yolanda Villareal; Brandon Doyel; Joshua Vargas, Plaintiffs-Appellants, v. Dr. Kyle JANEK, in His Official Capacity as Executive Commissioner, Texas Health and Human Services Commission, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 16, 2014.

Attorney(s) appearing for the Case

Maureen A. O'Connell , Southern Disability Law Center, Austin, TX, Lewis Alan Golinker, Esq. , Assistive Technology Law Center, Ithaca, NY, for Plaintiffs-Appellants.

Jonathan F. Mitchell , Solicitor General, Douglas D. Geyser, Esq. , Office of the Solicitor General, for the State of Texas, Erika M. Kane , Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX, for Defendant-Appellee.

Before JONES, SMITH, and OWEN, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The four plaintiffs are Medicaid beneficiaries with near total physical disabilities, requiring constant personal assistance and care. On the advice of professionals, they asked Texas's Health and Human Services Commission to pay for ceiling lifts, which are classified as durable medical equipment ("DME"). Such lifts are expensive but would allow the disabled beneficiaries to move with straps attached to ceilings. Texas denied coverage...

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