Gomolisky v. Davis

OPINION

STATON, Judge

Robert Gomolisky (“Gomolisky”) appeals from the grant of summary judgment in favor of Katherine Davis and Kathleen Gifford (collectively, “Davis”). Gomolisky raises three issues for our review, which we restate as:

I. Whether Indiana’s provision for agency review in Medicaid appeals violates federal Medicaid regulations.

II. Whether a de novo evidentiary hearing is required at the agency review stage in order to satisfy due process and federal Medicaid regulations.

III. Whether agency review must be completed within ninety days.

We affirm in part, reverse in part, and remand.

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