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CARTER v. NEM MEXICO HUMAN SERVICES DEPT.

No. 27,943.

211 P.3d 219 (2009)

2009-NMCA-063

Joyce CARTER, Petitioner-Appellant, v. NEW MEXICO HUMAN SERVICES DEPARTMENT, Respondent-Appellee.

Court of Appeals of New Mexico.

May 27, 2009.

Attorney(s) appearing for the Case

New Mexico Legal Aid, Inc., Marcia Lieberman, Albuquerque, NM, for Appellant.

New Mexico Human Services Department, Office of General Counsel, Rachelle Klump, Carol A. Baca, Santa Fe, NM, for Appellee.

OPINION

KENNEDY, Judge.

{1} We granted certiorari in this case to clarify the boundaries of evidentiary procedure as practiced in state Medicaid benefits hearings. Appellant Joyce Carter (Carter) applied for home healthcare assistance through New Mexico's Medicaid program and was denied benefits because her personal resources exceeded the allowable statutory limit. Carter appealed and was given a "fair hearing"1...

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