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JOYNER v. NORTH CAROLINA DEPT. OF HEALTH

No. COA10-670.

715 S.E.2d 498 (2011)

Dennis H. JOYNER, Executor of the Estate of Leola H. Joyner, Plaintiff v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

Court of Appeals of North Carolina.

August 2, 2011.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Joel L. Johnson , for respondent-appellant.

Fields & Cooper, PLLC, Nashville, by Mark E. Edwards , for petitioner-appellee.

ERVIN, Judge.

Respondent North Carolina Department of Health and Human Services appeals from an order overturning its decision to impose a transfer sanction upon Decedent Leola H. Joyner and finding that DHHS acted erroneously when it terminated Decedent's long-term care Medicaid benefits. On appeal, DHHS contends that the trial court erred by concluding that the execution of deeds of trust applicable to Ms. Joyner's residence did not constitute the "transfer" or...

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