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SALGADO v. KIRSCHNER

No. CV-92-0087-PR.

179 Ariz. 301 (1994)

878 P.2d 659

Elizabeth SALGADO; Pima County Arizona, a body politic, Plaintiffs/Appellants, v. Leonard J. KIRSCHNER, in his capacity as Director of Arizona Health Care Cost Containment System; The State of Arizona; and University Famli-Care, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

Reconsideration Denied September 20, 1994.

Attorney(s) appearing for the Case

Howard Baldwin, Tucson, for Salgado and Pima County.

Johnston Maynard Grant & Parker by Logan T. Johnston and Michael D. Curran, Phoenix, for Kirschner and the State.

Snell & Wilmer by Dora Thomas-Fitzpatrick, Phoenix, Laura V. Ridenour and Kathleen B. Corey, Tucson, for University Famli-Care.

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...

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