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ROSE AS NEXT FRIEND OF ROSE v. BROWN

No. 20-6132.

14 F.4th 1129 (2021)

Ivan D. ROSE, AS NEXT FRIEND OF Nelta ROSE and as attorney-in-fact; Michael Scott Miller and Shawn Trey Miller, Co-Personal Representatives of the Estate of Idabelle Schnoebelen, Deceased, Plaintiffs-Appellants and Paul Baker, personal representative of the Estate of Lois Isabelle Matti, deceased, v. Justin BROWN, Director of Oklahoma Department of Human Services, in his official capacity; Kevin Corbett, Director of Oklahoma Health Care Authority, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED September 28, 2021.

Attorney(s) appearing for the Case

Michael Craig Riffel ( Katresa J. Riffel and Jonathan F. Benham , with him on briefs), Riffel Law Firm, Enid, Oklahoma, for the Plaintiff-Appellants.

Susan L. Eads , Deputy General Counsel, Oklahoma Health Care Authority; and John R. Pettifer , Assistant General Counsel, Department of Human Services ( Whitney Herzog Scimeca , Deputy General Counsel, Oklahoma Health Care Authority; and John K.F. Langford , Assistant General Counsel, Department of Human Services, with them on the brief) Oklahoma City, Oklahoma, for the Defendants-Appellees.

Before MATHESON, BACHARACH, and CARSON, Circuit Judges.

This case arose from cancellation of long-term-care Medicaid benefits for two claimants when an Oklahoma agency concluded that the claimants' resources exceeded the regulatory cap for eligibility. See Okla. Admin. Code § 317:35-5-41(a). One claimant, Ms. Idabelle Schnoebelen died, mooting her claim. The eligibility...

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