Legal Opinion

Diaz v. Division of Social Services

Supreme Court of North Carolina

Decided April 7, 2006No. 523PA04PublishedCited by 101 opinions

1Opinion of the Court

BRADY, Justice.

This case requires determination of the scope of coverage and reimbursement for a nonqualifying alien’s medical treatment under federal and North Carolina Medicaid law. Because we hold the relevant treatment provided to petitioner did not qualify as treatment for an emergency medical condition, we reverse the decision of the Court of Appeals.

FACTUAL BACKGROUND

Petitioner Hector Diaz, á native of Guatemala, is “an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.” 42 U.S.C. § 1396b(v)(l) (2000).…

2Cases cited7 opinions

  1. Burgess v. Your House of Raleigh, Inc.Supreme Court of North Carolina · 1990
  2. Coastal Ready-Mix Concrete Co. v. Board of CommissionersSupreme Court of North Carolina · 1980
  3. North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
  4. State v. BryantSupreme Court of North Carolina · 2005
  5. Henry v. EdmistenSupreme Court of North Carolina · 1986

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3Cited by101 opinions

  1. In re B.O.A.Supreme Court of North Carolina · 2019
  2. Kent Stahle v. CTS CorporationCourt of Appeals for the Fourth Circuit · 2016
  3. North Carolina Department of Correction v. North Carolina Medical BoardSupreme Court of North Carolina · 2009
  4. State v. AbshireSupreme Court of North Carolina · 2009
  5. Wake County v. Hotels.com, L.P.Court of Appeals of North Carolina · 2014

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