The administrative appeal was denied and from that decision she perfected an appeal to the court of appeals. The court of appeals, 84 N.M. 734, 507 P.2d 795, reversed the Department and declared Mrs. Chavez eligible for public assistance. The Department moved for rehearing in the court of appeals and that motion was denied.
HSSD's duty to human beings in serious medical condition cannot be thwarted by a misconstruction of the statute or a violation of its regulations. See, Chavez v. New Mexico Health and Social Serv. Dept., 84 N.M. 734, 507 P.2d 795 (Ct.App. 1973). The case is reversed and remanded to the Executive Director to declare that Perez is eligible for medical care under the Special Medical Needs Act.
These medical expenses amount to over $45,000.00. Griego relies on Baca v. New Mexico Health and Social Services Department, 83 N.M. 703, 496 P.2d 1099 (Ct.App. 1972); Chavez v. New Mexico Health and Social Services Department, 84 N.M. 734, 507 P.2d 795 (Ct.App. 1973) and ยง 13-17-3(B), N.M.S.A. 1953 (Repl. Vol. 3, Supp. 1973), which provides in part: