SALEM HOSPITAL v. COMMISSIONER OF PUBLIC WELFARE


410 Mass. 625 (1991)

574 N.E.2d 385

SALEM HOSPITAL vs. COMMISSIONER OF PUBLIC WELFARE.

Supreme Judicial Court of Massachusetts, Suffolk.

July 11, 1991.


Attorney(s) appearing for the Case

William L. Pardee, Assistant Attorney General, for the Commissioner of Public Welfare.

Joseph A. Robinson for the plaintiff.

Present: LIACOS, C.J., WILKINS NOLAN, O'CONNOR, & GREANEY, JJ.


O'CONNOR, J.

In December, 1988, Maria Stovropoulou, a citizen of Greece visiting relatives in Massachusetts on a visitor's visa, received emergency medical treatment at the plaintiff hospital. Thereafter, the hospital applied to the Department of Public Welfare (department) on Stovropoulou's behalf for Medicaid benefits to pay for the treatment.

General Laws c. 118E, § 5 (1990 ed.), directs the department to "furnish medical assistance to each eligible...

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