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sb2 secures a big win on standing in NM

In a New Mexico case, a lower court had dismissed an appeal and Fair Hearing request brought by sb2 on standing and mootness grounds.  The agency had maintained that the facility, through sb2, was precluded as acting on behalf of the Medicaid applicant because it was a healthcare provider, refusing to recognize the explicit authority granted to the facility pursuant to an Authorization Statement and Assignment Provision.  The court ultimately concluded that the agency’s assertion that the facility could not pursue Medicaid on behalf of one of its residents simply because it is a healthcare provider had absolutely no merit.  Further, the court held that a provision of law attempting to disqualify a facility from acting in this capacity is not material to a Medicaid applicant’s right to pursue benefits through a duly authorized representative.


 

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