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DAVIO v. DEPT. OF HEALTH AND HUMAN SERVICES

No. S-09-985.

786 N.W.2d 655 (2010)

280 Neb. 263

Jennifer DAVIO, individually and on behalf of all others similarly situated, appellee and cross-appellant, v. NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES et al., appellants and cross-appellees.

Supreme Court of Nebraska.

July 23, 2010.

Attorney(s) appearing for the Case

Matthew G. Dunning, Special Assistant Attorney General, for appellants.

James A. Goddard and Rebecca Gould, of Nebraska Appleseed Center for Law in the Public Interest, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

I. NATURE OF CASE

Jennifer Davio failed to comply with a self-sufficiency "Employment First" contract entered into between herself and the Department of Health and Human Services (DHHS). The contract was part of her application for assistance through the Aid to Dependent Children (ADC) program. As a result of her noncompliance, Davio lost both her family's ADC benefits and her Medicaid coverage pursuant to DHHS' administrative code (Regulation...

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