ABRONS FAMILY PRACTICE v. N.C. DHHS

No. 427A16.

810 S.E.2d 224 (2018)

ABRONS FAMILY PRACTICE AND URGENT CARE, PA; Nash OB-GYN Associates, PA; Highland Obstetrical-Gynecological Clinic, PA; Children's Health of Carolina, PA; Capital Nephrology Associates, PA; Hickory Allergy & Asthma Clinic, PA; Halifax Medical Specialists, PA; and Westside OB-GYN Center, PA, Individually and on Behalf of All Others Similarly Situated v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES and Computer Sciences Corporation.

Supreme Court of North Carolina.

Filed March 2, 2018.


Attorney(s) appearing for the Case

Williams Mullen, Raleigh, by Camden R. Webb , Elizabeth C. Stone , and Ruth A. Levy , for plaintiff-appellees.

Joshua H. Stein , Attorney General, by Olga Vysotskaya de Brito and Amar Majmundar , Special Deputy Attorneys General, for defendant-appellant North Carolina Department of Health and Human Services.

Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, by Charles F. Marshall III and Jennifer K. Van Zant , Greensboro, for defendant-appellant Computer Sciences Corporation.

Parker Poe Adams & Bernstein LLP, Raleigh, by Matthew W. Wolfe , for American Medical Association, North Carolina Academy of Family Physicians, North Carolina Hospital Association, North Carolina Health Care Facilities Association, and North Carolina Medical Society, amici curiae.

Ott Cone & Redpath, P.A., by Matthew Jordan Cochran , Thomas E. Cone , Greensboro, Curtis B. Venable , and Stephen J. White , for Charlotte-Mecklenburg Hospital Authority, Duke University Medical Center, Mission Hospitals, Inc., The Moses H. Cone Memorial Hospital Operating Corporation, North Carolina Baptist Hospital, and WakeMed, amici curiae.


In this appeal we consider whether the Court of Appeals correctly held that the trial court erroneously dismissed plaintiffs' action for lack of subject-matter jurisdiction due to plaintiffs' failure to exhaust administrative remedies in seeking damages for denied Medicaid reimbursement claims. Because we conclude that plaintiffs...

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