Yates v. N.C. Dept. of Human Resources

EAGLES, Judge.

Our initial inquiry is whether this appeal must be dismissed for lack of subject matter jurisdiction. The State asserts that only an “applicant or recipient” of Medicaid funds may petition for judicial review of the DHR’s eligibility decision and Ms. Yates does not have “standing” to bring a proceeding for judicial review to contest the denial of benefits to her father. Ms. Yates argues that lack of capacity is in issue and that lack of capacity does not affect subject matter jurisdiction. Therefore, the State cannot raise this issue for the first time on appeal. We agree with…