Legal Opinion

Kirchner v. State, Department of Public Health & Human Services

Montana Supreme Court

Decided August 16, 2005No. 04-579PublishedCited by 11 opinions

1Opinion of the CourtJustice Cotter

¶1 Marsha Kirchner (Kirchner) appeals the First Judicial District Court’s decision upholding the Decision of the Board of Public Assistance and the Fair Hearings Decision. We affirm.

ISSUE

¶2 The restated issue on appeal is whether the District Court erred in upholding a final administrative decision which concluded that the Montana Department of Public Health and Human Services (DPHHS or Department) was entitled to repayment of $4,593.96 in fees that had been paid to Kirchner by the Montana Medicaid Program (Medicaid).

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Kirchner is a licensed professional…

2Cases cited6 opinions

  1. Seven Up Pete Venture v. StateMontana Supreme Court · 2005
  2. State v. TichenorMontana Supreme Court · 2002
  3. State Personnel Division v. Child Support InvestigatorsMontana Supreme Court · 2002
  4. Easy v. State of Montana Department of Natural Resources & ConservationMontana Supreme Court · 1988
  5. State v. VainioMontana Supreme Court · 2001

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Clark Fork Coalition v. Montana Department of Environmental QualityMontana Supreme Court · 2008
  2. Fair Hearing of Hofer v. Montana Department of Public Health & Human ServicesMontana Supreme Court · 2005
  3. Timm v. Montana Department of Public Health & Human ServicesMontana Supreme Court · 2008
  4. Hofer v. MONTANA DPHHSMontana Supreme Court · 2005
  5. Independence Med. Supply, Inc. v. Mont. Dep't of Pub. Health & Human Servs.Montana Supreme Court · 2018

6 more not listed; retrieve them via the Exa API.

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