Legal Opinion

Salgado v. Kirschner

Arizona Supreme Court

Decided July 28, 1994No. CV-92-0087-PRPublishedCited by 10 opinions

1Opinion of the Court

OPINION

MARTONE, Justice.

The question before us is whether federal law allows Arizona to deny life-sustaining transplant coverage to an otherwise eligible Medicaid recipient solely because she is over 21 years of age. We hold that it does not.

I. BACKGROUND

Arizona chose to participate in Medicaid, 42 U.S.C. §§ 1396-1396v, a joint state-federal funding program for medical care for the needy. “Although participation in the Medicaid program is entirely optional, once a state elects to participate, it must comply with the requirements of Title XIX.” Harris v. McRae, 448 U.S. 297, 301, 100 S.Ct.…

2Cases cited6 opinions

  1. Harris v. McRaeSupreme Court of the United States · 1980
  2. Alexander v. ChoateSupreme Court of the United States · 1985
  3. Beal v. DoeSupreme Court of the United States · 1977
  4. Susan I. MEUSBERGER, Appellee, v. Charles M. PALMER, Director of the Iowa Department of Human Services, AppellantCourt of Appeals for the Eighth Circuit · 1990
  5. Dexter v. KirschnerCourt of Appeals for the Ninth Circuit · 1992

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3Cited by10 opinions

  1. S.D. Ex Rel. Dickson v. HoodCourt of Appeals for the Fifth Circuit · 2004
  2. Hunter v. ChilesDistrict Court, S.D. Florida · 1996
  3. Callen v. RogersCourt of Appeals of Arizona · 2007
  4. Fred C. v. Texas Health and Human Services Com'nDistrict Court, W.D. Texas · 1997
  5. Koenning v. SuehsDistrict Court, S.D. Texas · 2012

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