"Ezekial 25:17 - The path of the righteous man is beset on all sides by the inequites of the selfish and the tyranny of evil men. Blessed is he that shepherds the weak from the valley of darkness for he is truly his brother's keeper, and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers, and you will know my name is the Lord when I lay my vengeance upon thee."
Sunday, February 11, 2007
Arkansas Department of Human Services v. Ahlborn (04-1506)
(See the end of this post for more on the issues on remand of the Marshall case to the Ninth Circuit.)
In the last of three cases decided Monday, the Court limited the power of states to place a lien on Medicaid benefit payments that an individual is entitled to receive. The decision, written by Justice Stevens, came in the case of Arkansas Department of Human Services v. Ahlborn (04-1506). The case involved a woman who had received $550,000 in a settlement for her injuries in a car accident. The state had claimed that it had a right to recover the full amount of Medicaid benefits it had paid to the woman -- $215,645. But the Court ruled that it could collect only $35,581.47. That amount represents the portion of the settlement award that related to medical expenses -- the only part the Court said Arkansas could reclaim. The remainder of the claim, the Court said, would violate the anti-lien provisions of federal law.
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