Elliot v. North Carolina Department of Human Resources

Judge John

dissenting.

I dissent for the reasons stated by Judge (now Chief Judge) Arnold in Kempson v. N.C. Dept. of Human Resources, 100 N.C. App. 482, 397 S.E.2d 314 (1990), aff’d, by an equally divided Court, 328 N.C. 722, 403 S.E.2d 279 (1991). In Kempson we held that “DHR must employ the resource spend-down methodology when determining Medicaid eligibility . . . .” Id. at 489, 397 S.E.2d at 318. Although Kempson is without precedential authority, the reasoning contained therein is sound and consistent with both federal and state legislation. Consequently, I would adopt the Kempson…