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Medicaid Liens Revisited

By Thomas A. Moore and Matthew Gaier
June 30, 2008

In the last couple of years, there have been important changes in the law on Medicaid liens on medical malpractice recoveries that have substantially altered the landscape with regard to such liens. The most important development has been the U.S. Supreme Court's opinion in Arkansas Dept. of Health and Human Services v. Ahlborn, 547 U.S. 268, 126 S.Ct. 1752 (2006), which overturned onerous state decisional law. As a result, medical malpractice and other personal injury claimants who are forced to rely upon Medicaid pending the outcome of their lawsuits are better positioned to obtain fair compensation and relief from oppressive liens.

Let us look at how statutory and case-law developments played out in one state ' New York ' and what the recent changes mean to today's medical malpractice claimants.

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