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State’s Medicaid reimbursement law preempted (access required)

Published: July 23, 2012

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Federal law preempts a state law granting the state the right to full reimbursement from a Medicaid recipient’s personal injury award or settlement, West Virginia’s highest court has ruled.

State can enforce Medicaid reimbursement deal (access required)

Published: March 30, 2012

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A state could enforce an agreement with a Medicaid recipient’s attorney providing a dollar-for-dollar reimbursement from a personal injury settlement, the Nebraska Supreme Court has ruled.

Medicaid agency can’t take one-third of settlement (access required)

Published: March 29, 2012

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Federal law prevents a state Medicaid program from taking one-third of an injured minor’s personal injury settlement pursuant to a presumption created by the state’s third-party liability law, the 4th Circuit has ruled in reversing judgment.

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