ST. JOSEPH'S HOSP. v. MARICOPA COUNTY

No. 1 CA-CIV 88-047.

163 Ariz. 132 (1989)

786 P.2d 983

ST. JOSEPH'S HOSPITAL AND MEDICAL CENTER, an Arizona corporation, Plaintiff-Appellant, v. MARICOPA COUNTY, a body politic, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied February 26, 1990.


Attorney(s) appearing for the Case

Gammage & Burnham by Richard B. Burnham, Curtis Ullman and Tracey L. Fletcher, Phoenix, for plaintiff-appellant.

Richard E. Romley, Maricopa County Atty. by Gordon J. Goodnow, Jr., Deputy County Atty., Phoenix, for defendant-appellee.


OPINION

SHELLEY, Judge.

This case deals with the statute that defines indigency for purposes of public health assistance. We hold that the statute must be construed to render a patient ineligible for public assistance if his spouse owns separate property that exceeds the maximum set by the statute. We also hold that the statute, so construed, does not offend due process and does not work an unconstitutional taking of property.

BACKGROUND

Donald...

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