CORRELL v. DIVISION OF SOCIAL SERVICES

No. 406PA91.

418 S.E.2d 232 (1992)

332 N.C. 141

Russell S. CORRELL and Kelly L. Correll, Petitioners-Appellees, v. DIVISION OF SOCIAL SERVICES and Division of Medical Assistance, North Carolina Department of Human Resources, Respondents-Appellants.

Supreme Court of North Carolina.

July 17, 1992.


Attorney(s) appearing for the Case

Turner, Enochs, and Lloyd, P.A. by Wendell H. Ott, Thomas E. Cone, and Laurie S. Truesdell, Greensboro, for petitioners-appellants.

Lacy H. Thornburg, Atty. Gen. by Robert J. Blum, Sp. Deputy Atty. Gen., and Jane T. Friedensen, Asst. Atty. Gen., Raleigh, for Dept. of Human Resources.


MITCHELL, Justice.

This is an action involving interpretation of the North Carolina statutory scheme governing eligibility for benefits from the Medicaid program. The primary issue before this Court is whether N.C.G.S. § 108A-55 requires that Medicaid applicants own their primary place of residence in order to exclude property they own contiguous to their residence from their assets for purposes of determining their eligibility for Medicaid benefits. We conclude...

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