MONMOUTH MEDICAL CENTER v. KWOK


183 N.J. Super. 494 (1982)

444 A.2d 610

MONMOUTH MEDICAL CENTER, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HAU KWOK; COUNTY OF MONMOUTH; STATE OF NEW JERSEY; DEPARTMENT OF HUMAN SERVICES; ANN KLEIN, AS COMMISSIONER OF THE DEPARTMENT OF HUMAN SERVICES; DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES; THOMAS M. RUSSO, AS ACTING DIRECTOR OF THE DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1982.


Attorney(s) appearing for the Case

Giordano, Halleran & Crahay, attorneys for appellant (Sam Maybruch on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondents (Judith A. Yaskin, former Acting Attorney General of New Jersey; Andrea M. Silkowitz, Deputy Attorney General, of counsel; Ivan J. Punchatz, Deputy Attorney General, on the brief).

Before Judges BOTTER, ANTELL and FURMAN.


The opinion of the court was delivered by ANTELL, J.A.D.

Defendant Hau Kwok, an illegal alien, was admitted on an emergency basis to plaintiff hospital on January 1, 1978 to be treated for a stroke. He was confined until March 17, 1978 when he was discharged and thereafter deported by the United States Immigration Service to Hong Kong. His hospital bill of $16,523.55 has not been paid.

In the Law Division plaintiff sued, among others, the State of New Jersey...

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