Blog

Should You Pay the Plaintiff’s Medicaid Lien?

  • Precision
  • August 7th, 2010

Many attorneys and agencies have interpreted the U.S. Supreme Court's decision in Arkansas Department of Health and Human Services v. Ahlborn, 547 U.S. 268,126 S.Ct. 1752 (2006), to mean that, Social Services agencies may be entitled to a lien on only that portion of personal injury litigation proceeds that reasonably represents the past medical portion of the award or settlement. In fact, the New York State Office of Medicaid Management published a memorandum dated September 14, 2006, which has confirmed that limitation, as applied in New York Cases.Since Ahlborn was decided, some trial courts have held allocation hearings to determine the medical portion of a recovery, so that the Medicaid 'lien' could be computed.

Recently, in Homan v. County of Cattaraugus Department of Social Service, 74 A.D, 3d, 1754, 2010 WL2332742 (N.Y.A.D. 4th Dept.), New York's Appellate Division, Fourth Department, rejected the theory that one could avoid a Medicaid lien by settling for "pain and suffering" only, and sent the case back to the trial court for such an allocation.

Continue Reading
Should You Pay the Plaintiff’s Medicaid Lien?

Stay in the know.

We are dedicated to keeping attorneys informed about cases and changes in the law that will impact their practice. Subscribe to our newsletter to and gain access to analysis of the most recent case law & legislative updates impacting your practice, as well as information about upcoming events & seminars.


By submitting this form, you are consenting to receive marketing emails from: Paramount Settlement Planning, LLC, 3686 Seneca Street, Buffalo, NY, 14224, http://www.planningisparamout.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact