HUTSON v. MOSIER

No. 117,020.

401 P.3d 673 (2017)

Marcia HUTSON, Appellant, v. Susan MOSIER, M.D., in her Official Capacity as Secretary of Kansas Department of Health and Environment, Appellee.

Court of Appeals of Kansas.

Opinion filed September 8, 2017.


Attorney(s) appearing for the Case

Molly M. Wood , of Stevens & Brand, L.L.P., of Lawrence, for appellant.

Ron M. Landsman , of Ron M. Landsman, P.A., of Rockville, Maryland, and Craig Reaves , of Reaves Law Firm, P.C., of Kansas City, Missouri, for amicus curiae National Academy of Elder Law Attorneys, Inc.

Karen H. Weber , of Law Offices of Karen H. Weber, of Overland Park, for amicus curiae Special Needs Alliance, Inc.

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

Before Bruns, P.J., McAnany, J., and Steven R. Ebberts, District Judge, assigned.


In this judicial review action, Marcia Hutson appeals from the district court's decision affirming a final order issued by the Division of Health Care Finance State Appeals Committee arising out of a Medicaid eligibility determination. The district court upheld the imposition of a transfer penalty that significantly delayed Hutson's receipt...

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