Ahlborn
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 […]
Medicaid & the Home Lien
While the Medicaid programs vary from state to state, there is a federal mandate requiring each state to seek reimbursement of Medicaid care. Much of the specific mandates come from a 1993 estate recovery mandate, enacted in the Omnibus Budget Reconciliation Act (OBRA 93). That act requires recovery from Medicaid beneficiaries who: Were age 55 […]
My Client is a Medicaid Beneficiary?
Who do you contact when you suspect your new client is a Medicaid beneficiary? Why do you have to contact that agency? When a new client steps into your office for a personal injury case it is important to determine who paid for his or her medical care. If you get this healthcare insurance information […]
Medicare Liens + Medicaid Liens: What is Left For The Plaintiff?
Medicare liens should never take more than one-third of any settlement or verdict amount. If you ever experience a situation where the MSPRC or CMS claims more than one-third of that amount you have made a mistake. Any lien resolution provider should quickly resolve such an issue. But, Medicare will never factor an ERISA lien, […]
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