Gross v. North Dakota Department of Human Services

SANDSTROM, Justice.

[¶ 1] David Gross, a medicaid recipient, appealed from a district court judgment dismissing his appeal from a decision by the North Dakota Department of Human Services to place him in the lock-in program under N.D.- Admin. Code § 75-02-02-11. We conclude the Department’s decision is an appealable order under N.D.C.C. §§ 28-32-42 and 28-32-01(7). We reverse and remand to the district court for a decision on the merits of the appeal.

I

[¶ 2] In January 2001, the Department’s Medical Services Division conducted a medicaid utilization review of medical services provided to Gross.…