DIAZ v. DIVISION OF SOCIAL SERVICES

No. COA03-1151.

600 S.E.2d 877 (2004)

Hector DIAZ, Petitioner, v. DIVISION OF SOCIAL SERVICES and Division of Medical Assistance, North Carolina Department of Health and Human Services, Respondent.

Court of Appeals of North Carolina.

September 7, 2004.


Attorney(s) appearing for the Case

Ott Cone & Redpath, P.A., by Melanie M. Hamilton, for petitioner appellee.

Attorney General Roy Cooper, by Assistant Attorney General Grady L. Balentine, Jr., for respondent appellant.


McCULLOUGH, Judge.

Respondent North Carolina Department of Health and Human Services, Division of Medical Assistance appeals the trial court's decision to allow Medicaid coverage for petitioner Hector Diaz. A brief summary of the facts follows.

Petitioner Hector Diaz is not a citizen of the United States and is not admitted for permanent residence or otherwise living in the United States under color of law. In October of 2000, petitioner began to suffer from...

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