Third-Party Liability Settlement

Budget Act of 2018 Limits Medicaid Third-Party Recovery Rights

President Trump signed a budget deal early February 9 th following a brief government shutdown while most Americans were fast asleep. While most of the headlines focused on the deal’s impact on...

Expansion of Medicaid Secondary Payer Poses New Compliance Challenges

After numerous delays, it appears inevitable that the expansion of Medicaid Secondary Payer rights will begin on October 1, 2017. The 2013 Bipartisan Budget Act (H.J. Res. 59; Pub. L. 113–67) included the provision to enable states to recover Medicaid expenditures from an entire settlement amount, rather than just those dollars apportioned to medical expenses, as previously held by case law. However, legislative delays resulted in implementation being postponed from October 1, 2014, to this year.