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BROWN v. DEPT. OF HEALTH AND HUMAN SVCS.

No. 4821.

393 S.C. 11 (2011)

709 S.E.2d 701

Peter BROWN, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

Court of Appeals of South Carolina.

Decided April 20, 2011.

Attorney(s) appearing for the Case

Patricia Logan Harrison , of Columbia, for Appellant.

Byron Ronald Roberts , of Columbia, for Respondent.

FEW, C.J.

In this case we determine that the South Carolina Department of Health and Human Services (DHHS) has jurisdiction to decide an appeal from the termination of Medicaid waiver services. We reverse DHHS's and the Administrative Law Court's decisions to the contrary and remand for a hearing on the merits.

I. Facts and Medicaid Background

Peter Brown is a forty-three-year-old Medicaid recipient with mental retardation. He has related disabilities...

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