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Medicaid Act preempts state third party liability law (access required)

Published: March 20, 2013

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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 (access required)

Published: January 24, 2013

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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 (access required)

Published: September 25, 2012

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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 (access required)

Published: September 25, 2012

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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

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Defendant can’t introduce fMRI lie detection results (access required)

Published: September 14, 2012

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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 (access required)

Published: August 17, 2012

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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 (access required)

Published: July 19, 2012

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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 (access required)

Published: July 12, 2012

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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 (access required)

Published: June 22, 2012

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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 (access required)

Published: April 18, 2012

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The maker of the antipsychotic drug Risperdal has been ordered to pay $1.1 billion for defrauding Arkansas’ Medicaid program.

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