Blackstar v. Health and Human Services

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Blackstar v. Health and Human Services

Case Number
Call Date
January 3, 2017
Court Number
Case Summary

S-16-0437 Merie B. on behalf of Brayden O. v. State of Nebraska Department of Health and Human Services and Vivianne M. Chaumont

District court for Lancaster County, Honorable Robert R. Otte

Attorneys: Douglas Peterson & Ryan S. Post (Attorney General's Office)(Appellants) --- Terrance A. Poppe, Andrew K. Joyce, Annie E. Brown, Senior Certified Law Clerk (Morrow, Poppe, Watermeier & Lonowski, P.C.)

Civil: Administrative Procedure Act; Madicaid

Proceedings below: The Nebraska Supreme Court reversed and remanded the decision of the district court with directions to reinstate Medicaid waiver service benefits. On remand the district court ordered DHHS to 1) reimburse for medical care provider costs, 2) reimburse for health insurance premiums, and 3) pay attorney fees.

Issues: The district court erred by 1) issuing an order outside the scope of the directions on remand, 2) receiving additional evidence, 3) considering an issue not presented as part of the petition for review, 4) ordering DHHS to directly pay Appellee instead of following federal Medicaid requirements, and 5) awarding Appellee additional attorney fees.