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DEPT. OF HEALTH v. BROWN

No. 1572, Sept. Term, 2006.

935 A.2d 1128 (2007)

177 Md. App. 440

MARYLAND DEPARTMENT OF HEALTH AND MENTAL HYGIENE v. Ida BROWN.

Court of Special Appeals of Maryland.

November 27, 2007.

Attorney(s) appearing for the Case

Lorie A. Mayorga (Douglas F. Gansler, Atty. Gen., on brief), for appellant.

Regan Bailey, Riverdale, Sarah L. Lock, Washington, DC, for appellee.

Panel EYLER, JAMES R., BARBERA, KENNEY, JAMES A., III, (Retired, Specially Assigned) JJ.

BARBERA, J.

We are asked in this appeal to identify the appropriate legal standard to be used when determining medical eligibility for services through the Maryland Medicaid Assistance Home and Community Waiver for Older Adults Program ("Older Adults Waiver Program"). The program permits Medicaid recipients who need health-related care to receive care at home or in a community-based assisted living facility, instead of a nursing home.

The Maryland Department...

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