The article discusses the Florida Court case Roberts v. Albertson's Inc. which deals with the medicaid lien.EBSCO_AspElder Law Report
In an opinion drafted by Justice Clarence Thomas, the Court held that the federal Medicaid Act, specifically §1396k(a)(1)(A), permits a state to seek reimbursement from settlement payments allocated for future medical care in a personal injury lawsuit. The dispute over a Medicaid lien made ...
If a lien is placed on the Medicaid recipient’s property and it is sold while the recipient is alive, they may no longer qualify for Medicaid. This would be the case if, for example, the proceeds from the home’s sale exceeded the Medicaid asset limits in the recipient’s state. The ...
The court ruled that Arkansas is not entitled to recover from portions of a settlement representing non-medical compensation since the settlement is Ahlborn's property. She was disabled in a car crash and started receiving Medicaid benefits.
The U.S. Supreme Court examines and affirms the ruling that Medicaid law does not authorize the state to assert a lien on Ms. Ahlborn's settlement in an amount which is greater than that of the allocation for medical expenses and that ADHS argument was rejected....
Ahlborn that Medicaid liens can be recovered only from that portion of the settlement representing previous medical expenses.EBSCO_AspElder Law Report
Tammelleo, A. David
The article reports that the fourth circuit of the North Carolina's Medicaid Lien Law has strikes down by the U.S Court of Appeals. It states that under the law, a Medicaid recipient's tort recovery is to be offered to state for decreasing the cost of medical services provided or one-...