Szewczyk v. Dep't of Soc. Servs.,
No. 22134 (Conn. App. Ct. May 27, 2003)

The Connecticut Court of Appeals upheld the department of social services' determination that hospital in-patient chemotherapy treatment of an undocumented alien diagnosed with acute myelogenous leukemia does not constitute treatment of an emergency medical condition entitling the hospital to Medicaid reimbursement for the treatment cost. In determining whether the patient suffered from an emergency medical condition, the legal standard employed by the hearing officer must emphasize the severity, temporality and urgency of the medical condition. The court found that the department of social services' findings satisfied the substantial evidence test where the record indicated the patient had symptoms for two weeks prior to presenting to the emergency room and a history of prior weight loss. The record did not reveal that the patient's life would have been in serious jeopardy if he were admitted for treatment at a later time and the court found this to be essentially a hospital admission to initiate chemotherapy.