North Carolina Upholds Medicaid Reimbursement Statutes

 A summary of Armstrong v. Cansler (U.S. Dist. Ct., W.D.N.C., No. 5:07-CV-37-RLV, June 28, 2010) is below:

Through her guardians, minor Emily Armstrong sued a health care provider for personal injuries. When the matter settled, the state sought reimbursement of medical expenses from the settlement proceeds.

North Carolina’s Medicaid assignment and subrogation statutes allow the state to recover one-third of the settlement. Emily’s guardians asserted that the state’s statues violate the Supreme Court’s decision in Ahlborn v. Arkansas Dep’t of Human Servs.

The U.S. District Court for the Western District of North Carolina granted summary judgment to the state, holding that North Carolina’s “reimbursement statutes are consistent with federal Medicaid law as construed by Ahlborn.”

Federal Court Upholds N.C.’s Medicaid Lien Statute, ElderLawAnswers, July 15, 2010.