a physician who is to decide upon admission to a hospital, order tests, drugs and treatments, and determining the length of stay.” S.Rep. No. 404, 89 Cong., 1st Sess. reprinted in 1965 U.S.Code Cong. & Admin.News 1943, 1986. In addition, “[t]he Medicaid statute and regulatory scheme create a presumption in favor of the medical judgment of the tending physician in determining the medical necessity of treatment.” Weaver, 886 F.2d at 200; see also Frey v. Bowen, 816 F.2d 508, 513 (10th Cir.1987) (stating that in social security disability proceeding, reports of treating or consulting physicians are entitled to greater weight than those of physicians hired by agency resisting claim); Worthington v. Idaho Dep't of Health and Welfare, No. 69458, slip op. at 5 (2d Dist. Idaho Feb. 20, 1992) (<HOLDING>). In accordance, if DHCF elects not to give
holding that the law of the case doctrine is not a fixed rule that prevents a federal court from determining the question of its own subject matter jurisdiction in a given case holding that the weight given a treating physicians opinion is limited if the opinion consists only of conclusory statements holding that the legislative history medicaid case law and the mechanics of the medicaid program itself require that an attending physicians opinion as to what constitutes medical necessity in a given case be given deference holding in the absence of exceptional circumstances deference should be given to trial court holding that the weight given to a treating physicians opinion is limited if the opinion consists only of conclusory statements