Supreme Court of Delaware

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Urban v. Meconi, 439, 2006

In a matter involving a claimant's request for breast reduction surgery under the Medicaid Early and Periodic Screening Diagnostic and Treatment (EPSDT) program, an agency's denial of the request is reversed as the agency failed to consider the treating physicians' opinions and was not supported by substantial evidence when it found that the surgery was not the "least costly, appropriate, available health service alternative" since claimant would benefit from weight loss prior to surgery.

Appellate Information

  • Decided 08/10/2007
  • Published 08/13/2007

Judges

  • BERGER, Justice., Before BERGER, JACOBS and RIDGELY, Justices.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • MaryBeth Musumeci, Esquire, Community Legal Aid Society, Inc., Wilmington, Delaware, for Appellant.

  • For Appellees:
  • A. Ann Woolfolk, Esquire, State of Delaware Department of Justice, Wilmington, Delaware, for Appellee.
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