CODY WADE BY HIS CO-CONSERVATORS, ET AL. v. TENNESSEE DEPARTMENT OF FINANCE AND ADMINISTRATION, ET AL. - Articles

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Posted by: Chandra Williams on Nov 4, 2015

Court: TN Court of Appeals

Attorneys 1:

Herbert H. Slatery, III, Attorney General and Reporter; Andre´e Blumstein, Solicitor General; and Shayna R. Abrams, Senior Counsel; for the appellants, State of Tennessee, Department of Finance and Administration, Bureau of TennCare, and Larry B. Martin, Commissioner.

Attorneys 2:

Roy B. Herron, Dresden, Tennessee, and Donald Capparella, Nashville, Tennessee, for the appellanees, Cody Wade and his Co-Conservators, Reba and Ronnie Wade.

Judge(s): BENNETT

Appellant TennCare enrollee has been receiving 24/7 care from a private duty nurse in the home of his grandparents in Martin, Tennessee. TennCare determined that he could receive adequate care for less cost in a special respiratory care unit in St. Francis Hospital in Memphis. Enrollee, through his grandparents as his co-conservators, filed an administrative appeal. The administrative law judge agreed with TennCare. Appellants appealed that decision to chancery court, which reversed the administrative law judge’s decision as being arbitrary and capricious. TennCare appealed. We reverse the decision of the chancery court and affirm the administrative law judge’s opinion.

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