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DOUGHERTY v. HUMAN SERVICES DEP'T, ETC.

179 N.J. Super. 541 (1981)

432 A.2d 943

GAIL DOUGHERTY, ON BEHALF OF MICHAEL DOUGHERTY, HER SON, APPELLANT, v. DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES AND MIDDLESEX COUNTY MEDICAL ASSISTANCE UNIT, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1981.

Attorney(s) appearing for the Case

Steven P. Weissman argued the cause for appellant (Middlesex County Legal Services Corp., attorney; Steven P. Weissman and Mary Joe Belardi of counsel and on the brief).

Barbara A. Harned, Deputy Attorney General, argued the cause for respondent (James R. Zazzali, Attorney General of New Jersey, attorney; John J. Degnan, former Attorney General of New Jersey; Erminie L. Conley, Assistant Attorney General, of counsel).

Before Judges FRITZ, POLOW and JOELSON.

The opinion of the court was delivered by JOELSON, J.A.D.

Appellant is the mother of Michael Dougherty, an asthmatic nine-year-old boy who is eligible for medical assistance as a public assistance recipient. She applied to the Division of Medical Assistance and Health Services (Division) for Medicaid payments for a "HEPA Air Cleaner" which was prescribed for Michael by his physician. After her claim was denied by the local medical assistance unit of the Division,...

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