J.P. v. Stark Co. Social Services

20070004

J.P., a minor child, Petitioner and Appellant
v.
Stark County Social Services Board
and the North Dakota Department of
Human Services, Respondents and Appellees

Appeal from:

District Court, Southwest Judicial District, Stark County
Judge Allan L. Schmalenberger

Nature of Action:

Administrative Proceeding

Counsel:

Appellant:		#Legal Services of ND
Appellee:		Jean R. Mullen , Att. General Office
Amicus curiae:		Dorsey & Whitney

Term:

06/2007 Argument: 06/18/2007

ND cite:

2007 ND 140

NW cite:

737 N.W.2d 627

Listen to recording of oral argument in MP3 format

Issues:

Appellant's Statement of the Issues:
I. Jordis Peterschick has shown the medical treatment he needed was unavailable in North Dakota.
II. The department is estopped from denying fairview's claim for payment.

Appellee's Statement of the Issues:
Shortly after his birth, Jordis Peterschick ("Peterschick") was transferred from Dickinson hospital by air ambulance to the University of Minnesota Medical Center, Fairview-Riverside, Minneapolis. Prior to referring a patient for out-of-state care under the Medicaid Program, a physician must obtain approval from the Department of Human Services ("Department") by showing that the care is medically necessary. If prior approval is not sought, the referring physician must show that it was an emergency situation. The issue is whether it was an emergency for Peterschick to be sent out-of-state for evaluation and treatment.

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Docket entries:

1		01/08/2007 NOTICE OF APPEAL: 01/04/2007
2		01/09/2007 DISK - tran. of Adm. Hrg dated 5-17-06 and 5-19-06 (together) (emailed)
3		01/15/2007 MOTION to Take Leave to Offer Additional Evidence, Brief in Support, Affidavit in Support w/attach.. RspDue: 01/26/2007
4		01/18/2007 Response to Motion to take leave to offer additional evidence
5		01/22/2007 Reply in Support of Motion
6		01/24/2007 ACTION BY SUPREME COURT (MOT/Take Leave to Offer Additional Evidence). Denied
7		01/31/2007 RECORD ON APPEAL w/Separate (Entry No. 6-Dept. or Human Svcs. Cert. of ROA).
8		01/31/2007 Dept. of Human Svcs. Cert. of ROA (Entry Nos. 1-471). Not rec'd was Entry No. 283.
9		02/13/2007 Appellant's Brief
10		02/13/2007 APPELLANT APPENDIX
11		02/13/2007 DISK - atb
12		02/14/2007 MOTION for Leave to File an Amicus Curiae Brief
13		02/21/2007 Letter dated Feb. 20, 2007, clarifying amicus curiae
14		03/02/2007 ACTION BY SUPREME COURT (Motion for Leave to File Amicus Curiae Brief). Denied
15		03/05/2007 Appellee's Motion to Strike Extra-Record Evidence. RspDue: 03/16/2007
16		03/12/2007 MOT. EXT/TIME APPELLEE BRIEF
17		03/12/2007 ACTION BY CLERK (MAE) (AEB is stayed pending Court's action on Mot/Strike Extra-Record Evidence). Granted
18		03/14/2007 Appellant's Response to Appellee's Motion to Strike Extra-Record Evidence
19		03/19/2007 Appellees' Reply to Appellant's Response to Motion to Strike Extra-Record Evidence
20		03/21/2007 ACTION BY SUPREME COURT (Motion to Strike). Granted
21		03/21/2007 MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to granting of Motion to Strike)
22		03/21/2007 ACTION BY SUPREME COURT. Granted: 04/10/2007
23		03/30/2007 MOT. EXT/TIME REPLACEMENT APPELLANT BRIEF
24		03/30/2007 ACTION BY ACTING CHIEF JUSTICE (MAT). Granted: 04/16/2007
25		04/12/2007 AMICUS CURIAE BRIEF (Fairview Health Services)
26		04/13/2007 MOTION TO FILE AMICUS CURIAE BRIEF (Fairview)
27		04/13/2007 DISK - ACB
28		04/16/2007 APPELLANT'S BRIEF (REPLACEMENT)
29		04/16/2007 DISK OF ATB (Replacement)
30		04/18/2007 ACTION BY CHIEF JUSTICE (Motion to file Amicus). Granted
31		05/16/2007 APPELLEE BRIEF
32		05/16/2007 APPELLEE APPENDIX
33		05/16/2007 DISK - AEB
34		05/31/2007 REPLY BRIEF
35		05/31/2007 DISK - RYB
36		06/18/2007 APPEARANCES: Bradley D. Peterson, Edward B. Reinhardt, Jordan Schuetzle, third-year law student;
37		06/18/2007 Jean R. Mullen
38		06/18/2007 ARGUED: Peterson; Mullen
39		06/18/2007 ORAL ARGUMENT WEBCAST
40		08/22/2007 DISPOSITION: AFFIRMED
41		08/22/2007 UNANIMOUS OPINION: Sandstrom, Dale V.
42		08/22/2007 Costs on appeal taxed in favor of Appellee.
43		08/22/2007 Order/Judgment Mailed to Parties
44		09/13/2007 MANDATE
45		09/17/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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