Legal Opinion

McLaughlin v. Wing

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1998PublishedCited by 1 opinion

1Opinion of the Court

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner, who is over the age of 18, commenced this CPLR article 78 proceeding challenging a determination made following a fair hearing denying her request for Medicaid reimbursement for root canal therapy *955on a rear molar. As a Medicaid recipient, petitioner is entitled to essential, not optimal, care. Recognizing that a reasonable alternative course of treatment would be extraction and replacement of the tooth, the Administrative Law Judge found that root canal therapy is not medically necessary. That…

2Cited by1 opinion

  1. Jarvis v. PullmanAppellate Division of the Supreme Court of the State of New York · 2002

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