McKOY v. N.C. DEPT. OF HUMAN RESOURCES

No. 9011SC410.

399 S.E.2d 382 (1991)

101 N.C. App. 356

Janie L. McKOY, Petitioner, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, and David T. Flaherty, In His Official Capacity As Secretary Of The North Carolina Department of Human Resources, Respondents.

Court of Appeals of North Carolina.

January 15, 1991.


Attorney(s) appearing for the Case

East Central Community Legal Services by Iris V. Kirkman and Leonard G. Green, Smithfield, for plaintiff-appellee.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Jane T. Friedensen, Raleigh, for respondents-appellants.


WELLS, Judge.

Respondents bring forward seven assignments of error from the order of the trial court. We have reviewed the record and these assignments and regard the dispositive question of this appeal to be whether the trial court correctly interpreted the effect of 42 U.S.C. § 1396a(r)(2) on this State's treatment of Medicaid applications. We hold that it did not and therefore reverse.

This Court's review of a trial court's consideration of a final...

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