Fulkerson v. Commissioner, Maine Department of Human Services

WATHEN, Chief Justice.

Plaintiffs, eight named Medicaid recipients, appeal from a summary judgment granted in favor of the Department of Human Services (hereinafter “DHS”) by the Superior Court (Kennebec County, Alexander, J.). Plaintiffs contend that the court erred in finding that certain co-payment rules adopted by DHS are valid and are not arbitrary, capricious, or unlawful. Finding no error, we affirm the judgment.

In 1991 the Legislature directed DHS to require Medicaid recipients to pay part of certain medical services. P.L.1991, ch. 622, § M-11. DHS subsequently issued proposed…