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McCRANN EX REL. McCRANN v. DHHS

No. COA10-80.

704 S.E.2d 899 (2011)

Michael Jonathan McCRANN, Jr., by Guardians Kelly C. McCRANN, and Michael J. McCrann, Petitioners, v. NC DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES, Respondent.

Court of Appeals of North Carolina.

January 18, 2011.

Attorney(s) appearing for the Case

Ragsdale Liggett PLLC, Raleigh, by James L. Conner II and Melissa Dewey Brumback , for petitioner appellants-appellees.

Attorney General Roy Cooper , by Assistant Attorney General Janette Soles Nelson and Special Deputy Attorney General Richard Slipsky , for respondent appellant-appellee.

John R. Rittelmeyer and Holly A. Stiles , Raleigh, for Disability Rights North Carolina, amicus curiae.

HUNTER, JR., ROBERT N., Judge.

The North Carolina Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (hereinafter "DHHS" or "respondent") appeals the superior court's order finding respondent's denial of benefits to petitioner Michael Jonathan McCrann, Jr., was arbitrary and capricious. Respondent argues that the denial of benefits was based upon a federally authorized Medicaid waiver and was...

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