This is an interesting case as it was brought under 42 U.S.C. § 1983. A Nebraska court used the Ahlborn reduction approach finding Nebraska Dept of Health and Human Services was only entitled to...
A Florida Circuit Court Follows Ahlbornand significantly reduces Medicaid Lien
Medicare’s administrative procedures regarding conditional payments must be exhausted before bringing suit against Medicare. A federal district court lacks subject matter jurisdiction to determine...
HR 1063 was introduced in the 112th Congress by Representative Tim Murphy (R-PA) and Representative Ron Kind (D-WI) on March 14th, 2011. The bill is titled the Strengthening Medicare and Repaying...
An Arizona Court of Appeals held that Ahlborn is applicable to reduce Arizona Medicaid’s recovery of a lien against a 3rd party tort recovery.
A federal district court in Virginia rules that Medicare regulations do not pre-empt a state law motion to enforce a settlement. The defendant refused to pay a settlement claiming CMS had not sent...
Ohio addresses the issue of indemnification, by a plaintiff attorney, of a third party’s interests in settlement proceeds
A class action has been certified as it relates to application of Ahlborn to Missouri Medicaid liens.
The Forkey decision reaches the opposite result from Bradley in terms of the priority of competing claims between a death beneficiary and Medicare.
Due to mandatory insurer reporting of settlements with Medicare beneficiaries pursuant to Section 111 of the MMSEA, many insurers are inserting indemnification clauses into settlement agreement and...