4th Circuit Court of Appeals upholds application of Ahlborn in NC- rejects reasoning of NC Supreme Court in Andrews
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Oral argument audio from EMA v Cansler considering whether NC Medicaid liens comply with Ahlborn case

If you are interested in hearing how the 4th Circuit came to the decision in E.M.A. v Cansler, wherein the Court held that NC's Medicaid lien statute was not in compliance with the requirements for subrogation as set out in Ark. Dep't of Human Servs. v. Ahlborn, 547 U.S. 268 (2006) the audio link is posted below.  E.M.A. v Cansler now stands for the proposition that Plaintiffs in NC can ask for a Court to determine Medicaid's share of a personal injury settlement in a post-settlement hearing where the Court determines what percentage of the settlement is compensation for "medical costs incurred" and paid by Medicaid.  

 

The oral argument can be heard here:  http://coop.ca4.uscourts.gov/OAarchive/mp3/10-1865-20111026.mp3#

 

Chris Nichols

www.NicholsTrialLaw.com

www.NicholsTrialLaw.com 1.800.906.5984

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Given that North Carolina common law does not bar DHHS’s lien against E.M.A.’s settlement proceeds, we arefaced with the same question considered by the North CarolinaSupreme Court in Andrews:

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Monsignor William Lynn is on trial for child endangerment and conspiracy. Lynn, 61, is the first Roman Catholic church official in the U.S. charged for his handling of priest-abuse complaints. Prosecutors say he helped the church bury them in secret files, far from the prying eyes of investigators, civil attorneys and concerned Catholics.

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