Blackbird v. Olson

Blackbird v. Olson, 1998 ND 183, 595 N.W.2d 602

Filed Oct. 30, 1998
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
1998 ND 183Bennett Blackbird, Applicant and Appellant
v.
Carol Olson, in her capacity as Director of the North Dakota Department of Human Services,Appellee

Civil No. 980144

Appeal from the District Court for Ramsey County, Northeast Judicial District, the Honorable Lee A. Christofferson, Judge.
AFFIRMED.
Per Curiam.
Kelly Alisa Gaines-Stoner (appearance), of UND Legal Aid Clinic, P.O. Box 9003, Grand Forks, N.D. 58202-9003, for applicant and appellant. Argued by Michelle L. Rivard, third-year law student.
Jean R. Mullen, Assistant Attorney General, Attorney General's Office, 900 East Boulevard Avenue, Bismarck, N.D. 58505-0041, for appellee.

Blackbird v. Olson
Civil No. 980144

Per Curiam.

[¶1] Bennett Blackbird appeals from a district court judgment which affirmed the order of the North Dakota Department of Human Services denying Blackbird's claim for Medicaid benefits. On appeal, Blackbird challenged the Department's findings he had failed to demonstrate good cause for not getting prior approval for out-of-state treatment, had failed to establish the care and services were unavailable in the state, and had failed to show he had received inpatient psychiatric services which were medically necessary. The judgment is affirmed under N.D.R.App.P. 35.1(a)(5).

[¶2]Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring

[¶3] Because of a vacancy on the Court at the time of hearing and decision, this case was decided by four Justices.