Independence Med. Supply, Inc. v. Mont. Dep't of Pub. Health & Human Servs.

Justice James Jeremiah Shea delivered the Opinion of the Court.

***2¶1 Independence Medical Supply, Inc., ("IMS") appeals a memorandum and order from the Eighth Judicial District Court, Cascade County, granting in part and denying in part judicial review of the Montana Department of Public Health and Human Services ("DPHHS") Fair Hearing Proposed Decision. DPHHS cross appeals the decision.

¶2 We restate the dispositive issues as follows:

Issue One: Whether the District Court abused its discretion by affirming the Hearing Officer's determination that physician affidavits introduced by IMS did not…