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You are here: Home / Uncategorized / ACDL – Arizona Court of Appeals Victory

ACDL – Arizona Court of Appeals Victory

February 11, 2009 By Administrator

Last week, says the Arizona Center for Disability Law, the Arizona Court of Appeals struck down Arizona’s restrictive denture coverage rules, which required a beneficiary to show more than an inability to chew and eat normally to establish a medical necessity for dentures. In relevant part, the Court found that:

“We hold in this case that AHCCCS exceeded its statutory authority by requiring Sharpe to establish a medical need in addition to the ability to chew. Therefore, to the extent that A.A.C. R9-22-201, Medical Policy 310, and A.A.C. R9-22-101(B) either expressly state or are interpreted to require a medical need in addition to the inability to chew, they are invalid…Based on the factual record before us, the undisputed facts show that dentures here were (1) ordered by a dentist, and (2) medically necessary.”

Our client is a 32-year old woman with a disability who has severely decayed teeth and needs all of her teeth removed and whose primary care and dentist have recommended dentures as medically necessary.

Click here for PDF of Arizona Court of Appeals Decision

Filed Under: Uncategorized Tagged With: AHCCCS, Arizona Center for Disability Law, Arizona Court of Appeals, denture coverage

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