Legal Opinion

Meza v. Division of Social Services

Supreme Court of North Carolina

Decided April 15, 2010No. 518A08PublishedCited by 22 opinions

1Opinion of the Court

*63PARKER, Chief Justice.

In this case we determine the appropriate standard of review to be applied by the superior court in an action commenced under N.C.G.S. § 108A-79(k), reviewing decisions by the North Carolina Department of Health and Human Services’ Division of Social Services (DHHS) and Division of Medical Assistance (DMA) regarding claims for Medicaid benefits. For the reasons stated herein, we hold that when the superior court conducts a hearing based upon the administrative record, it must review questions of fact under the whole record test and questions of law de novo. In this case,…

2Cases cited20 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Howerton v. Arai Helmet, Ltd.Supreme Court of North Carolina · 2004
  3. Burgess v. Your House of Raleigh, Inc.Supreme Court of North Carolina · 1990
  4. Thompson v. Wake County Board of EducationSupreme Court of North Carolina · 1977
  5. In Re Appeal of the Greens of Pine Glen Ltd. PartnershipSupreme Court of North Carolina · 2003

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3Cited by22 opinions

  1. Piazza v. KirkbrideSupreme Court of North Carolina · 2019
  2. Lee v. GoreCourt of Appeals of North Carolina · 2010
  3. Robinson v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2011
  4. N.C. Dep't of Revenue v. Fsc II, LLCNorth Carolina Business Court · 2023
  5. Blue v. BhiroSupreme Court of North Carolina · 2022

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