Garner v. State, Department of Health & Social Services, Division of Medical Assistance

OPINION

CARPENETI, Justice.

I. INTRODUCTION

John Garner, a severely retarded state Medicaid recipient, challenges the decision of the Department of Health and Social Services, Division of Medical Assistance not to cover the cost of a routine dental exam which he has characterized as medically necessary. Because the record has not been sufficiently developed to determine whether the agency failed to comply either with its own regulations or with the Americans with Disabilities Act, we reverse the superior court’s decision affirming the agency’s denial of services and instruct the court to remand…