Lawyers USA Online » Medicaid

Medicaid Act preempts state third party liability law

Kimberly Atkins — Wed, 20 Mar 2013 18:56:29 +0000

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.

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Attorney lien had priority over Medicaid claim

Pat Murphy — Thu, 24 Jan 2013 17:20:54 +0000

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.

The lawyer represented a client who filed a claim for workers’ compensation. The lawyer obtained an award of
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Justices to decide if Medicaid reimbursement law preempted

Pat Murphy — Tue, 25 Sep 2012 21:29:24 +0000

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.

The Court will review a 4th Circuit decision holding that the Medicaid Act’s anti-lien provision
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MEDICAID

Pat Murphy — Tue, 25 Sep 2012 21:24:36 +0000

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

Pat Murphy — Fri, 14 Sep 2012 16:29:29 +0000

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.

The decision affirms a ruling by a U.S. District Court. (See “Brain scan
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State may recover from estate of Medicaid recipient’s spouse

Correy Stephenson — Fri, 17 Aug 2012 17:59:42 +0000

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.

A married couple jointly owned a home. As the couple got older, the wife gave the husband power
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Hospital can pursue Medicaid patients’ PI settlement

Pat Murphy — Thu, 19 Jul 2012 11:51:27 +0000

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.

The plaintiffs are three members of the same family who suffered injuries of varying severity when a vehicle
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Wife may be eligible for Medicaid despite annuity

Pat Murphy — Thu, 12 Jul 2012 20:34:16 +0000

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.

The Medicare Catastrophic Coverage Act allows the spouse of an applicant for long-term care Medicaid benefits to keep a certain amount of resources
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Medicaid preempts Pa. special needs trust rules

Pat Murphy — Fri, 22 Jun 2012 15:22:07 +0000

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.

In 2005, Pennsylvania passed a law that placed certain restrictions on the use of special needs trusts. The
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Maker of Risperdal hit with $1.1 billion fraud verdict

Sylvia Hsieh — Wed, 18 Apr 2012 16:40:17 +0000

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

This is the third state to successfully sue for mismarketing of Risperdal. South Carolina won $327 million and Louisiana won
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