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SAMS v. DEPARTMENT OF PUBLIC WELFARE

No. 2245 C.D. 2012.

74 A.3d 408 (2013)

Dustin C. SAMS, an incapacitated person, by Julie L. Raybuck, guardian, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 21, 2013.

Attorney(s) appearing for the Case

Robert J. Donahoe , Bethel Park, for petitioner.

Anthony L. Marone , Assistant Counsel, Harrisburg, for respondent.

BEFORE: LEADBETTER, Judge, McCULLOUGH, Judge, and COVEY, Judge.

OPINION BY Judge McCULLOUGH.

Dustin C. Sams (Sams), by his guardian and mother, Julie L. Raybuck (Raybuck), petitions for review of the November 15, 2012 final administrative action order of the Department of Public Welfare (DPW) affirming the determination of an administrative law judge (ALJ) that Sams is ineligible for Medicaid/Home and Community Based Service Long Term Care (HCBS-LTC)1 from...

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