ENGLISH v. BRITT

No. COA95-123.

465 S.E.2d 48 (1996)

Sandra ENGLISH, Petitioner, v. C. Robin BRITT, Secretary, North Carolina Department of Human Resources, and Mary Deyampert, Director, Division of Social Services, North Carolina Department of Human Resources, in their Official Capacities, Respondents.

Court of Appeals of North Carolina.

January 2, 1996.


Attorney(s) appearing for the Case

Legal Services of the Blue Ridge, Inc. by Samuel F. Furgiuele, Jr., Boone, for petitioner appellant.

Attorney General Michael F. Easley by Assistant Attorney General Belinda A. Smith, for the State.


SMITH, Judge.

This pauper appeal involves Medicaid law and regulations which pertain to persons who are institutionalized, receiving Medicaid benefits, and have spouses still residing in the community (community spouse). An institutionalized spouse, at his discretion, may provide some amount of income for the support of his community spouse, instead of having all of his income applied to the cost of the institutionalized care. 42 U.S.C. § 1396r-5(d)(1)(B) (1995...

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