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SZEWCZYK v. DEPARTMENT OF SOCIAL SERVICES

No. 17034.

881 A.2d 259 (2005)

275 Conn. 464

Zbigniew SZEWCZYK v. DEPARTMENT OF SOCIAL SERVICES.

Supreme Court of Connecticut.

Decided September 20, 2005.

Attorney(s) appearing for the Case

Thomas J. Riley, New London, for the appellant (substitute plaintiff).

Tanya Feliciano DeMattia, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Richard J. Lynch, assistant attorney general, for the appellee (defendant).

Jennifer L. Cox, Jennifer A. Osowiecki and Patrick J. Monahan II filed a brief for the Connecticut Hospital Association as amicus curiae.

Sheldon V. Toubman, Jamey Bell, Angel Feng, Greg Bass and Shirley Bergert, filed a brief for the Connecticut Legal Services, Inc., et al., as amici curiae.

SULLIVAN, C.J., and BORDEN, NORCOTT, PALMER and ZARELLA, Js.

NORCOTT, J.

The principal issue in this certified appeal is whether an illegal alien with acute myelogenous leukemia suffers from an "emergency medical condition" under the federal statute, 42 U.S.C. § 1396b (v),1 and the state regulation, Department of Social Services, Uniform Policy Manual § 3000.01 (Uniform Policy Manual),2 and is, therefore, entitled...

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