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CONLEY v. DEPARTMENT OF HEALTH

No. 20100496-CA.

287 P.3d 452 (2012)

2012 UT App 274

Nicholas CONLEY and Patty Olguin, Petitioners, v. DEPARTMENT OF HEALTH, Division of Medicaid and Health Financing, Respondent.

Court of Appeals of Utah.

September 27, 2012.

Attorney(s) appearing for the Case

Robert B. Denton and Laura K. Boswell , Salt Lake City, for Petitioners.

Mark L. Shurtleff and Nancy L. Kemp , Salt Lake City, for Respondent.

Before Judges THORNE, McHUGH, and CHRISTIANSEN.

OPINION

CHRISTIANSEN, Judge:

¶ 1 Petitioners Nicholas Conley and Patty Olguin seek judicial review of the Final Agency Order of respondent Department of Health, Division of Medicaid and Health Financing (the Division), which denied Petitioners' Medicaid benefits for speech augmentative communication devices (SACDs).1 We determine that the Agency abused its discretion in determining that the Division is not

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