SCOTUS: North Carolina Medicaid Recovery Limited by Federal Anti-Lien Statute

The Supreme Court has decided North Carolina’s Medicaid recoveries are limited by the federal anti-lien statute.  The Court held the federal anti-lien provision pre-empts North Carolina’s irrebuttable statutory presumption that one-third of a tort recovery is attributable to medical expenses.  This ruling has similarities to that of Arkansas v. Ahlborn.

We will update this post after an extensive review of the case holding.