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SHARPE v. AHCCCS

No. 1 CA-CV 07-0817.

207 P.3d 741 (2009)

Bridget SHARPE, Plaintiff-Appellant, v. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM, a state agency; Anthony D. Rodgers, Director of the Arizona Health Care Cost Containment System, in his official capacity; and Mercy Care Plan, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Review Granted June 1, 2009.

Attorney(s) appearing for the Case

Arizona Center for Disability Law By Jennifer L. Nye, Tucson, Attorneys for Plaintiff-Appellant.

Johnston Law Offices PLC By Logan T. Johnston III, Phoenix, Attorneys for Defendants-Appellees, AHCCCS and Anthony D. Rogers.

Campbell, Yost, Clare & Norell PC By Kari B. Zangerle, Mercy Care Plan by Ifshan K. Hayat, Phoenix, Co-Counsel for Defendant-Appellee, Mercy Care.

Arizona Dental Association By Erin Raden, Scottsdale, Attorney for Amicus Curiae, American Dental Association and Arizona Dental Association.

Fleming & Curti PLC By Leigh H. Bernstein, Tucson, Attorneys for Amicus Curiae, AARP.

OPINION

BARKER, Judge.

¶ 1 The essential question in this case is whether regulations and a policy adopted by the Arizona Health Care Cost Containment System ("AHCCCS") thwart the legislature's determination to provide dentures when "medically necessary" to those who qualify for AHCCCS coverage. Determining that the AHCCCS policy and regulations do just that, we reverse the superior court's decision affirming the denial of Plaintiff-Appellant Bridget...

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