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JOHNSON v. DIVISION OF SOCIAL SERVICES

No. 8718SC920.

366 S.E.2d 538 (1988)

89 N.C. App. 481

Glenn JOHNSON, Personal Representative for Bettie W. Johnson, (Deceased) v. DIVISION OF SOCIAL SERVICES and Division of Medical Assistance, North Carolina Department of Human Resources.

Court of Appeals of North Carolina.

April 5, 1988.

Attorney(s) appearing for the Case

Turner, Enochs, Sparrow, Boone, & Falk, P.A. by Wendell H. Ott, Thomas E. Cone and S. Mark Payne, Greensboro, for petitioner-appellee.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Henry T. Rosser, Raleigh, for respondent-appellant.

BECTON, Judge.

The central issue in this case is whether Respondent, North Carolina Department of Human Resources (DHR), properly applied the North Carolina Medicaid program's "first moment of the first day of the month" rule to deny medical assistance (Medicaid) benefits to Petitioner, Bettie W. Johnson, for an approximately two-week period during which her financial resources were within the allowable limits for Medicaid eligibility.

On 8 March 1985, Petitioner...

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