Medicaid Act preempts state third party liability law 
Published: March 20, 2013
Tags: Medicaid, medical malpractice, personal injury, preemption, U.S. Supreme Court
The U.S. Supreme Court has held that the federal Medicaid Act preempts a North Carolina third-party liability law authorizing the state to recoup as much as one-third of any medical malpractice jury award, regardless of how much of the award was designated for medical expenses by a judge or jury.
Attorney lien had priority over Medicaid claim
Published: January 24, 2013
Tags: attorney’s lien, disability benefits, Medicaid, workers' compensation
An attorney lien had statutory priority over a state’s lien for Medicaid reimbursement with respect to an award of workers’ compensation benefits, the Missouri Court of Appeals has ruled in reversing judgment.
Justices to decide if Medicaid reimbursement law preempted
Published: September 25, 2012
Tags: Medicaid, Medicaid liens, Medicaid reimbursement, medical malpractice, preemption, subrogation
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.
MEDICAID
Published: September 25, 2012
Tags: Medicaid, Medicaid liens, Medicaid reimbursement, medical malpractice, preemption, subrogation
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?
See “Justices to decide if Medicaid reimbursement law preempted”
Defendant can’t introduce fMRI lie detection results
Published: September 14, 2012
Tags: Daubert, fMRI, fraud, functional magnetic resonance imaging, Medicaid, Medicare
A criminal defendant could not introduce results from a functional magnetic resonance imaging (fMRI) lie detection test to prove the veracity of his denials of wrongdoing, the 6th Circuit has ruled.
State may recover from estate of Medicaid recipient’s spouse
Published: August 17, 2012
Tags: estate planning, Medicaid
Federal law did not preempt the state’s ability to recover from a husband’s estate what was once community property during his marriage to a Medicaid recipient, the Idaho Supreme Court has ruled.
Hospital can pursue Medicaid patients’ PI settlement
Published: July 19, 2012
Tags: auto accident, Medicaid, Medicaid lien
A charitable hospital could pursue payment by filing a lien against any future personal injury settlement obtained by three patients covered by Medicaid, the Wisconsin Supreme Court has ruled in reversing judgment.
Wife may be eligible for Medicaid despite annuity
Published: July 12, 2012
Tags: annuity, estate planning, Medicaid, Medicaid planning, Medicare, Medicare Catastrophic Coverage Act
A married couple’s purchase of an annuity for the husband did not necessarily render the wife ineligible for Medicaid, the 10th Circuit has ruled in reversing judgment.
Medicaid preempts Pa. special needs trust rules
Published: June 22, 2012
Tags: estate planning, Medicaid, preemption, special needs trust
Federal law generally preempts the provisions of a state law designed to prevent the abusive manipulation of special needs trusts to ensure Medicaid eligibility, the 3rd Circuit has ruled in affirming judgment.
Maker of Risperdal hit with $1.1 billion fraud verdict
Published: April 18, 2012
Tags: consumer protection, fraud, Medicaid, Medicaid fraud, Risperdal
The maker of the antipsychotic drug Risperdal has been ordered to pay $1.1 billion for defrauding Arkansas’ Medicaid program.
