Bills v. Hardy

MeHUGH, Justice:

Michael Bills appeals from the June 24, 2010, order of the Circuit Court of Kanawha County affirming the decision of the Respondent West Virginia Department of Health and Human Resources (“DHHR”) that Petitioner was not eligible for the Mentally Retarded/Developmentally Delayed Home and Community-Based Waiver Program (“Waiver Program”).1 As grounds for his appeal, Mr. Bills asserts error based on the trial court’s application of an incorrect standard of review and the DHHR’s failure to adopt a standard for the purpose of determining whether an individual has substantially…