Radebaugh v. State, Department of Health & Social Services, Division of Senior & Disabilities Services

OPINION

STOWERS, Chief Justice.

I. INTRODUCTION

Sunny Radebaugh, a Medicaid in-home nursing care benefits recipient, had those benefits terminated by the Department of Health and Social Services following an annual assessment. The assessment concluded that Radebaugh’s physical condition had materially improved to the point where she no longer required the benefits. She challenged the termination of her benefits at an administrative hearing, and the nurse who performed the assessment did not testify. Following the hearing, the administrative law judge determined that the Department erroneously…