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BILLS v. HARDY

No. 101420.

719 S.E.2d 811 (2011)

Michael BILLS, a minor by his next friend and mother, Ellen Bills, Petitioner Below, Petitioner v. Patsy A. HARDY, in her official capacity as Secretary of the West Virginia Department of Health and Human Resources; and Todd Thornton, in his official capacity as State Hearing Officer for the West Virginia Department of Health and Human Resources, Respondents Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2011.

Attorney(s) appearing for the Case

Benita Whitman , Bruce Perrone , Legal Aid of West Virginia, Charleston, WV, for the Petitioner.

Darrell V. McGraw, Jr. , Attorney General, Michael Bevers , Assistant Attorney General, Bureau for Medical Services, Attorney for the DHHR Charleston, WV, for the Respondents.

McHUGH, Justice:

Michael Bills appeals from the June 24, 2010, order of the Circuit Court of Kanawha County affirming the decision of the Respondent West Virginia Department of Health and Human Resources ("DHHR") that Petitioner was not eligible for the Mentally Retarded/Developmentally Delayed Home and Community-Based Waiver Program ("Waiver Program)."1 As grounds for his appeal, Mr. Bills...

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