Rennich v. ND Department of Human Services

10:45am Thursday, March 6, 2008
20070335 Jesse Rennich, through his
guardians, Mary and Dave
Rennich, Petitioner and Appellant
v.
North Dakota Department of
Human Services and the State
of North Dakota, Respondents and Appellees
Appeal from: South Central Judicial District, Burleigh County, Judge Thomas J. Schneider
Nature of Action: Administrative Proceeding
Counsel:

Appellant: David Boeck
Appellee: Jean R. Mullen , Att. General Office

Issues: Appellant's Statement of the Issues:
I. Whether the North Dakota Department of Human Services (Department) acted lawfully when it denied Jesse Rennich's (Jesse's) application for the Medicaid Developmental Disabilities Home and Community Based Services Waiver program (DD waiver program) by relying upon eligibility criteria that does not have the force and effect of law
II. Whether the Department acted lawfully when it denied Jesse's application for the DD waiver program by relying upon an instrument that does not validly measure the intended eligibility criterion
III. Whether the State of North Dakota, acting through the Department of Human Services, has a legal obligation to an individual with developmental disabilities to provide appropriate treatment, services, and habilitation for those disabilities in the least restrictive appropriate setting
Appellee's Statement of the Issues:
Whether the Department of Human Services, based on the evidence presented at the hearing, properly found the Appellant was not eligible for home and community based services under the waiver for Medicaid services in an intermediate care facility for the mentally retarded.
Briefs:
Case Summary
Appellant Brief
Appellee Brief
Reply Brief
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