Conley v. Department of Health, Division of Health Financing

OPINION

CHRISTIANSEN, Judge:

{1 Petitioners Nicholas Conley and Patty Olguin seek judicial review of the Final Agency Order of respondent Department of Health, Division of Medicaid and Health Financing (the Division), which denied Petitioners' Medicaid benefits for speech augmentative communication devices (SACDs). 1 We determine that the Agency abused its discretion in determining that the Division is not required to provide coverage of SACDs to non-pregnant individuals age twenty-one and older under the Utah Medicaid Program.

BACKGROUND

12 The underlying facts in this case are undisputed.…