In a very well detailed opinion the Arizona Court of appeals has followed the NY courts in Trezza v.Trezza in clearly outlining in exacting detail in the matter of the Estate of Ethridge v. Recovery Management Systems, that Medicare Advantage Plans preempt Arizona ( and presumably all other) State Common law anti-subrogation doctrines.
Thanks to attorney Daniel Goldberg of Optum
Medicaid Subrogation rights to change effective 10/14/2014
Below are the provisions of
On December 26, 2013, President Obama signed the Bipartisan Budget Act of 2013. Section 202
of the Act is entitled “Strengthening Medicaid Third-Party Liability.” The new law amends
portions of the federal Medicaid Act in an attempt to override the application of the allocation
theory derived from Arkansas Dept. of Health & Human Srvs. v. Ahlborn, 547 U.S. 268 (2006).
There are three main amendments to the statutes which take effect on October 1, 2014.
Courtesy of PAUL
Governor Cuomo yesterday signed into law an amendment to NYS antisubrogation legislation GOL 5-335 to confirm that GOL 5-335
By Michael Laffey
The Southern Federal District court in NY has reversed itself and recoginzed the Federal preemption provisions set forth in the Federal Employee Benefit Program. Calingo v. Meridian Res. Co., LLC, 2013 WL 1250448 (S.D.N.Y. 2013) the court
The Supreme Court has ruled that State equitable principles do not preempt ERISA plan language. Plaintiff in a UIM settlement refused to reimburse the ERISA self-funded plan claiming that it was inequitable that the Plan recover all of the third party funds with nothing being left for the participant. The Court ruled that there was an equitable lien by agreement and that the Plan language was clear and not subject to equitable interpretation . See case.