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CURTIS v. ROOB

No. 49A02-0801-CV-23.

891 N.E.2d 577 (2008)

William CURTIS, Gary Stewart and Walter Raines, on behalf of themselves and those similarly situated, Appellants-Plaintiffs, v. E. Mitchell ROOB, Jr., in his official capacity of Secretary of the Indiana Family and Social Services Administration, and Jeff Wells, in his official capacity as Director of the Office of Medicaid Policy and Planning of the Indiana Family and Social Services Administration, Appellees-Defendants.

Court of Appeals of Indiana.

July 25, 2008.

Attorney(s) appearing for the Case

Gavin M. Rose, Jacquelyn Bowie Suess, ACLU of Indiana, Indianapolis, IN, Attorneys for Appellants.

Steve Carter, Attorney General of Indiana, Frances H. Barrow, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees.

OPINION

MAY, Judge.

A class composed of persons who applied for Medicaid, were denied, and appealed the denial brought an action against the Indiana Family and Social Services Administration ("FSSA"). The class alleged FSSA violated the due process rights of Medicaid claimants with its policy that prohibits claimants from offering at the appeal hearing evidence of their disabilities that was not included in the...

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