General Info

Accidents
(except MVAs)

Types of Injury

Motor Vehicle Accidents

 

 

Arkansas Dept of Health v Ahlborn - limits on Medicaid liens

In the recent case of Arkansas Dep't of Health and Human Services v. Ahlborn, S.Ct. No. 04-1506 (U.S.S.C. May 01, 2006), the U.S. Supreme Court has ruled that federal Medicaid and anti-lien law precludes a state Department of Health and state AGs from recovering more out of a tort claimant's settlement than that portion of the settlement which actually represents reimbursement for medical payments. State third-party liability provisions attempting to recover a greater amount (such as 100% of medical expenses paid) are preempted by the federal law. Hence, for example, if the plaintiff's PI monetary settlement is only one sixth of the value of the plaintiff's claims, Medicaid can take no more than one sixth of the recovery.