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Medicaid Statute Updates

What the Supreme Court giveth, Congress can take away. The federal Medicaid statute has long required that Medicaid agencies recover from third parties legally liable for health care items or services to the extent that the Medicaid program had paid for those items or services. 42 U.S.C. § 1396a(a)(25)(H). States also were required to have individuals assign to the State the individual’s right to payment for medical care from any third party. 42 U.S.C. § 1396k(a)(1)(A).

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