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DOUGHERTY v. HUMAN SERVICES DEP'T.

91 N.J. 1 (1982)

449 A.2d 1235

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

The Supreme Court of New Jersey.

Decided July 8, 1982.

Attorney(s) appearing for the Case

Barbara A. Harned, Deputy Attorney General, argued the cause for appellants (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Erminie L. Conley, former Assistant Attorney General, of counsel).

Steven P. Weissman argued the cause for respondent (James Sacher, Director, Middlesex County Legal Services Corp., attorney).

The opinion of the Court was delivered by O'HERN, J.

This case concerns judicial waiver of an agency regulation denying Medicaid reimbursement for certain classes of medical services. Specifically, we must decide the validity, as applied to the facts of this case, of a state regulation that prohibits payment for an air cleaner medically needed to stabilize the asthmatic condition of a young patient.

I.

Michael Dougherty is a nine-year-old boy who...

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