Medicaid Act may trump state reimbursement law 
By:
Kimberly Atkins
Published: January 8, 2013
Tags: Medicaid Act, Medicaid reimbursement, preemption, subrogation, U.S. Supreme Court
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.
Do equitable principles apply to ERISA plans?
By:
Kimberly Atkins
Published: November 27, 2012
Tags: attorney fees, ERISA, Personal Injury and Tort, subrogation, U.S. Supreme Court
WASHINGTON – When an accident victim’s medical expenses are covered by an ERISA plan, and the victim goes on to win a tort suit for his injuries, who foots the attorney’s bill?
That question was at the heart of oral arguments on Tuesday at the U.S Supreme Court in U.S. Airways v. McCutchen, a complicated case that pits plain-language contractual interpretation against the equitable principle of unjust enrichment.
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”
Landlord’s insurer may sue negligent tenant
Published: September 21, 2012
Tags: landlord/tenant, negligence, subrogation
A landlord’s insurer may maintain a subrogation action against a commercial tenant whose alleged negligence caused water damage to the property, the Minnesota Supreme Court has ruled in reversing judgment.
Home insurer not entitled to subrogation
By:
Pat Murphy
Published: May 28, 2010
Tags: homeowners’ insurance, subrogation
A homeowners’ insurer could not recover payments made to settle a fire damage claim from a boyfriend of the insured whose negligence caused the blaze, the Connecticut Supreme Court has ruled in reversing a $63,000 judgment.
ERISA plan entitled to reimbursement
By:
Correy Stephenson
Published: April 27, 2010
Tags: ERISA, reimbursement, subrogation
An ERISA plan was entitled to reimbursement for the cost of medical expenses it paid on behalf of a participant, the 11th Circuit has ruled in affirming a summary judgment for the plan.
Plaintiff’s lawyer can’t receive fees from subrogated payment
By:
Nora Tooher
Published: June 10, 2009
Tags: attorney fees, common fund doctrine, subrogation
A plaintiff’s attorney is not entitled to a portion of a subrogated medical payment, the Alaska Supreme Court has ruled.
