Medicaid Recovery Case Before Supreme Court May Drive Up Settlement Costs

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A case to be argued before the United States Supreme Court next month could drive up the amount plaintiffs demand from insurers by allowing state Medicaid systems to recoup a larger a share of any judgment or settlement.

The Florida Agency for Health Care Administration is seeking to take $300,000 out of a Medicaid recipient’s settlement in a lawsuit, arguing that is the amount required under a statutory formula that allows the state to recover a share of any moneys paid for both past and future medical care.The plaintiff’s attorney says the state can