LUNA v. DIVISION OF SOCIAL SERVICES

No. COA02-557.

589 S.E.2d 917 (2004)

Benito LUNA, by personal representative, Mary JOHNSON, Petitioner v. DIVISION OF SOCIAL SERVICES and Division of Medical Assistance, North Carolina Department of Health and Human Resources, Respondents.

Court of Appeals of North Carolina.

January 6, 2004.


Attorney(s) appearing for the Case

Turner, Enochs & Lloyd, P.A., by Melanie M. Hamilton, Thomas E. Cone, and Wendell H. Ott, Greensboro, for petitioner-appellant.

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


HUDSON, Judge.

Petitioner appeals from an order entered by the superior court, which affirmed the denial of Medicaid coverage. The sole question presented to us is whether the Department correctly applied the law in determining that certain care and services did not constitute treatment for Petitioner's emergency medical condition. For the following reasons, we reverse.

Background

On 26 December 1999, petitioner Benito Luna, an undocumented immigrant...

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