Legal Opinion

St. Joseph's Hospital & Medical Center v. Maricopa County

Court of Appeals of Arizona

Decided September 7, 1989No. 1 CA-CIV 88-047PublishedCited by 1 opinion

1Opinion of the Court

OPINION

SHELLEY, Judge.

This case deals with the statute that defines indigency for purposes of public health assistance. We hold that the statute must be construed to render a patient ineligible for public assistance if his spouse owns separate property that exceeds the maximum set by the statute. We also hold that the statute, so construed, does not offend due process and does not work an unconstitutional taking of property.

BACKGROUND

Donald Neu was admitted as an emergency patient to St. Joseph’s Hospital and Medical Center in April of 1985, and he remained hospitalized there for almost two…

2Cases cited14 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Arizona Downs v. Arizona Horsemen's FoundationArizona Supreme Court · 1981
  3. Thompson v. Sun City Community Hospital, Inc.Arizona Supreme Court · 1984
  4. City of Phoenix v. DonofrioArizona Supreme Court · 1965
  5. In Re Marriage of HiggasonCalifornia Supreme Court · 1973

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3Cited by1 opinion

  1. Laidlaw Waste Systems, Inc. v. City of PhoenixCourt of Appeals of Arizona · 1991

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