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.
Mediation works - so we use it regularly. In Providence, R.I., in 2014 eight female aerialists doing a hair-hang act 20+ feet above the ground were severely injured when the metal frame supporting their act collapsed hurtling them to the floor. They recently obtained a total combined settlement of $52.5-million through mediation of their claims See, Eight severely injured aerialists recover $52.5-million settlement through mediation.
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