Micone v. Department of Public Health & Human Services

¶1 Joshua Micone (Joshua) appeals from an order of the Eleventh Judicial District Court, Flathead County, affirming the Department of Public Health and Human Services’ (Department) determination that Joshua repay Medicaid benefits received between 2003 and 2006.

¶2 Joshua raises two issues on appeal:

¶3 Issue One: Did the District Court err in determining that the Hearing Officer did not violate § 2-4-623(a), MCA, when he did not issue a decision within ninety days after the case was deemed submitted?

¶4 Issue Two: Did the District Court correctly determine that substantial credible evidence…