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RICHARDS v. GA. DEPT. OF COMMUNITY HEALTH

No. S04A0866.

604 S.E.2d 815 (2004)

278 Ga. 757

RICHARDS et al. v. GEORGIA DEPARTMENT OF COMMUNITY HEALTH.

Supreme Court of Georgia.

Reconsideration Denied December 9, 2004.

Attorney(s) appearing for the Case

Warshauer Thomas Thornton & Rogers, Michael J. Warshauer, Atlanta, Grist & Brock, Joel M. Grist, Jr., Macon, for appellants.

Thurbert E. Baker, Atty. Gen., Laura W. Hyman,Asst. Atty. Gen., for appellee.

David A. Webster, Atlanta, for amicus curiae.

HINES, Justice.

J.J. Richards, Marcus McCarty, and others similarly situated, are recipients of benefits under Medicaid, a cooperative federal and state program for medical assistance to persons of lower incomes. The injuries that caused the need for their benefits arose from the tortious conduct of others. In a class action suit, Richards and McCarty mount a statutory and constitutional challenge to the application of OCGA § 49-4-149, which provides a mechanism...

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