MEDICAID LIENS

RECENT SUPREME COURT DECISION ON MEDICAID LIENS

Recently the Supreme Court decided a case that will have an impact upon State's ability to recover payments under Medicaid. In discussing litigation settlements and recoveries, the U.S. Supreme Court has ruled that States may not demand reimbursement from portions of the settlement allocated or allocable to non-medical damages; instead, States are given only a priority disbursement from the medical expenses portion alone. Why is this important? Before this ruling, states like New York, would seek reimbursement for all Medicaid related expenditures. This often would seriously reduce a person's recovery. Now, the State's recovery will be limited pursuant to the ruling. www.foleygriffin.com