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DUKE UNIVERSITY MEDICAL CENTER v. BRUTON

No. COA98-940.

516 S.E.2d 633 (1999)

DUKE UNIVERSITY MEDICAL CENTER, Mission-St. Joseph's Health System, Inc., Moses Cone Health System, The North Carolina Baptist Hospitals, Inc., Wake Medical Center, Petitioner-Appellees, v. H. David BRUTON, M.D., Secretary of the North Carolina Department of Health and Human Services; The North Carolina Department of Health and Human Services, Division of Medical Assistance, Respondent-Appellants.

Court of Appeals of North Carolina.

July 6, 1999.

Attorney(s) appearing for the Case

Turner Enochs & Lloyd, P.A., by Thomas E. Cone, Greensboro, for petitioner-appellees.

Attorney General Michael F. Easley, by Assistant Attorney General Kathryn J. Thomas, for respondent-appellants.

MARTIN, Judge.

Petitioners sought a declaratory ruling from the North Carolina Department of Human Resources, now the North Carolina Department of Health and Human Services (DHHS), regarding the validity of a policy of DHHS's Division of Medical Assistance (DMA), which denies Medicaid payments for hospital services rendered to recipients who were otherwise eligible but had failed to also file for Medicare. This policy was initiated in the June 1995 Medical Bulletin...

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