RENNICH v. DEPT. OF HUMAN SERVICES

No. 20070335.

756 N.W.2d 182 (2008)

2008 ND 171

Jesse RENNICH, through his guardians, Mary and Dave RENNICH, Petitioner and Appellant v. NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES and the State of North Dakota, Respondents and Appellees.

Supreme Court of North Dakota.

September 23, 2008.


Attorney(s) appearing for the Case

David Boeck, Bismarck, N.D. for petitioner and appellant.

Jean R. Mullen, Assistant Attorney General, and Douglas Alan Bahr (on brief), Solicitor General, Office of Attorney General, Bismarck, N.D., for respondents and appellees.


CROTHERS, Justice.

[¶ 1] Jesse Rennich appeals from a district court judgment affirming the decision of the North Dakota Department of Human Services ("Department") that he was not eligible for community-based services under the Medicaid program. We affirm, concluding the Department did not improperly rely upon eligibility criteria that should have been formally promulgated as an administrative rule.

I

[¶ 2] Rennich has been diagnosed with...

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