Mansfield V. DPW, Worcester Sup., Memorandum of Decision and Order


**Mansfield v. Gallant (Civ. Action #93-0859) (Worcester Superior Ct. 4/15/94) Ct. reversed dismissal of a fair hearing request in a 30A challenge. Plaintiff's right to hearing guaranteed by MGL c 118E & c. 18 §16, 106 CMR §§343.245 & 343.230. DPW cannot delegate its hearing function to private agency under 42 CFR §§431.10(e) & 431.205. Hearing officer concluded lack of jurisdiction because the contracted independent living center reduced the plaintiff's personal care attendant hours not Medicaid; Medicaid merely approved center's plan, therefore, no state action. Superior Court reversed. Advocate: Jesus Salas-LACCM/Worcester


This case was upheld on appeal. Mansfield v. Commissioner, 40 Mass. App. Ct. 1 (1996)


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