N.E.2d 1042 (1978). Those courts so holding generally rely on and cite Saine v. Hospital Authority of Hall County, 502 F.2d 1033 (5th Cir. 1974). It is my opinion that such courts have misinterpreted Sainé. In Sainé the Fifth Circuit upheld an individual plaintiff’s right to sue for damages and injunctive relief for a hospital’s failure to comply with the indigent’s medical care requirements of Hill-Burton. Recently that same court stated that Sainé stands for the proposition that “[t]he free care obligation is legally enforceable, and vests a cause of action in the indigent beneficiaries to sue for the free care.” Presbyterian Hospital of Dallas v. Harris, 638 F.2d 1381, 1384 (5th Cir. 1981). See also Hospital Center at Orange v. Cook, 177 N.J.Super. 289, 426 A.2d 526 (App.Div.1981) (<HOLDING>) (overruling Cooper Medical Center v. Joyner,
recognizing private right of action holding that the private right of action available to individual indigents can be used either affirmatively or defensively holding that a private right of action exists holding that no private right of action exists holding that state can restore civil rights either affirmatively or automatically individually or generally