Legal Opinion

Beger v. Acting Commissioner

Massachusetts Superior Court

Decided May 1, 2000No. 99-4613HPublished

1Opinion of the CourtLopez, J.

Plaintiff Germaine Beger (“Ms. Beger”) claims that the Defendant, Division of Medical Assistance (“Division”), wrongfully denied her breast reconstruction surgery after her defective breast implants were removed. Count I of the complaint seeks judicial review of the Division’s decision under G.L.c. 30Á, § 14. Count II alleges that the denial was a violation of her equal protection rights under the Massachusetts Declaration of Rights and the U.S. Constitution. Count III asserts that the denial was a violation of the Medicaid Act. The parties filed a joint motion to stay the proceedings of…

2Cases cited8 opinions

  1. Beal v. DoeSupreme Court of the United States · 1977
  2. New Boston Garden Corp. v. Board of AssessorsMassachusetts Supreme Judicial Court · 1981
  3. Haley v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1985
  4. Pyfrom v. Commissioner of Public WelfareMassachusetts Appeals Court · 1996
  5. Norwood Hospital v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1994

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