Viveros v. State Department of Health & Welfare

McDEVITT, Chief Justice.

This is an appeal from a decision of the district court affirming the decision of the Idaho Department of Health and Welfare (Department) to deny Medicaid coverage for an ear reduction and reshaping surgery (otoplasty) for eight year old Jeremy Viveros (Viveros). The surgery was recommended by Viveros’ treating physician to correct the “congenital malformation” of Viveros’ ears and to lessen the possibility of future psychological damage. The Department found the surgery to be a medically unnecessary cosmetic procedure that was outside the scope of Medicaid coverage.

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