WASHINGTON – Several states will have to revisit their Medicaid reimbursement rules after the U.S. Supreme Court struck down a North Carolina law that set an automatic reimbursement rate for third-party tort awards as preempted by the Medicaid Act.
WASHINGTON – The justices of the U.S. Supreme Court seemed divided over whether the federal Medicaid Act preempts a North Carolina law authorizing the state to recoup as much as one third of any medical malpractice jury award or settlement, regardless of how much of the award was designated for medical expenses.
The U.S. Supreme Court will decide whether 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.
Does federal law prevent 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?
Published: July 23, 2012
Tags: Arkansas Department of Health & Human Services v. Ahlborn, Medicaid reimbursement, medical malpractice
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.