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HARRISON v. YOUNG

No. 19-10874.

48 F.4th 331 (2022)

Barbara HARRISON, by her next friend and guardian, Marguerite Harrison, Plaintiff-Appellee, v. Cecile Erwin YOUNG, in her official capacity as the Executive Commissioner, Texas Health and Human Services Commission, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 31, 2022.

Attorney(s) appearing for the Case

Mark S. Whitburn , Whitburn & Pevsner, P.L.L.C., Arlington, TX, Garth Anthony Corbett , Disability Rights Texas, Central Texas Regional Office, Austin, TX, Sean Ashly Jackson , Disability Rights Texas, Houston, TX, for Plaintiff-Appellee.

Lanora Christine Pettit , Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, Rola Daaboul , Assistant Attorney General, Akerman, L.L.P., Austin, TX, for Defendant-Appellant.

Before King, Jones, and Costa, Circuit Judges.

This dispute is about whether Texas must provide around-the-clock nursing services to a disabled individual even though the expense of doing so exceeds the cost cap in the state's Medicaid program. Plaintiff contends that the Americans with Disabilities Act and Rehabilitation...

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