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In WOS v. EMA, the first case to reach the US Supreme Court after Ahlborn, the highest Court in the land again examined a state statute requiring up to one-third of any damages recovered by an injury victim to be paid to the state to reimburse it for payments made by Medicaid for injury related treatment.
With case law piling up all over the country with differing results post Ahlborn, the US Supreme Court granted the North Carolina Attorney General’s Petition for Writ of Certiorari from a 4th Circuit decision regarding the application of the Ahlborn decision to NC state law.
In Southwest Fiduciary v. Willingham, an Indiana court of appeals ruled that the state’s Medicaid lien on the settlement proceeds must be based upon the actual payments made by Medicaid and not the total amount billed by the healthcare provider.
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.
