Blackbird v. OlsonCivil 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.