Arkansas Dept of Health v Ahlborn - limits on Medicaid liens
Personal Injury News Items
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.
In Honolulu, Hawaii, New Year's Day 2025 was ruined by a massive deadly fireworks explosion that happened at a home in Aliamanu. More that a dozen were injured and six people died from their burn injuries. See, Six people have died due to the Aliamanu fireworks explosion. The legal claims of the families who lost loved ones and the other injury victims will almost be limited by the available insurance coverages. Unfortunately, sometimes even the best personal injury attorneys are unable to get full compensation for accident victims of negligent conduct.
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