Legal Opinion

Marble v. State

Montana Supreme Court

Decided August 31, 2000No. 99-347PublishedCited by 11 opinions

1Opinion of the CourtJustice Nelson

¶1 Intervenor Benefis Healthcare (Benefis) appeals an Order issued by the Eighth Judicial District Court, Cascade County, denying its motion to declare Carolyn Marble (Marble) eligible for Medicaid, and compel payment of Medicaid nursing home benefits. We affirm.

¶2 Benefis raises the following issues for review:

1. Does Montana’s Administrative Procedures Act (MAPA) preclude the Department of Health and Human Services from raising new reasons to deny Medicaid eligibility before the District Court when the Department failed to raise those issues that were previously known at the administrative…

2Cases cited3 opinions

  1. Langager v. Crazy Creek Products, Inc.Montana Supreme Court · 1998
  2. Hearing Aid Institute v. RasmussenMontana Supreme Court · 1993
  3. Gilpin v. StateMontana Supreme Court · 1991

3Cited by11 opinions

  1. Art v. Montana Department of Labor & Industry ex rel. MasonMontana Supreme Court · 2002
  2. Qwest Corp. v. Montana Department of Public Service RegulationMontana Supreme Court · 2007
  3. Pickett v. CorteseMontana Supreme Court · 2014
  4. Flowers v. Board of Personnel AppealsMontana Supreme Court · 2020
  5. Juro's United Drug v. Montana Department of Public Health & Human ServicesMontana Supreme Court · 2004

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