TAYLOR v. DEPT. OF HEALTH AND ENVIRONMENT

No. 108,630.

305 P.3d 729 (2013)

Nicholas TAYLOR and William Taylor, Appellees, v. KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT, Division of Health Care Finance, et al., Appellants.

Court of Appeals of Kansas.

August 2, 2013.


Attorney(s) appearing for the Case

Brian M. Vazquez , of Kansas Department of Health & Environment, of Topeka, for appellants.

David P. Calvert , of David P. Calvert, P.A., of Wichita, for appellees.

Before ATCHESON, P.J., GREEN and McANANY, JJ.


ATCHESON, J.

This case requires the court to decide a narrow, if seldom litigated, question: If a state fails to properly apply its own procedures for adopting administrative regulations to an agency policy, does that failure create a federal constitutional due process violation in favor of persons affected by the policy? The Sedgwick County District Court ruled that Plaintiff Nicholas Taylor suffered a constitutional injury when Defendant Kansas Department of Health...

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