Andrews Ex Rel. Andrews v. Haygood

669 S.E.2d 310, 362 N.C. 599, 2008 N.C. LEXIS 984
CourtSupreme Court of North Carolina
DecidedDecember 12, 2008
Docket57A07-2
StatusPublished
Cited by21 cases

This text of 669 S.E.2d 310 (Andrews Ex Rel. Andrews v. Haygood) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andrews Ex Rel. Andrews v. Haygood, 669 S.E.2d 310, 362 N.C. 599, 2008 N.C. LEXIS 984 (N.C. 2008).

Opinions

NEWBY, Justice.

This case presents the question of whether the statutory framework governing the State’s subrogation claim for medical expenses on a Medicaid recipient’s tort claim settlement complies with federal Medicaid law as interpreted by the Supreme Court of the United States in Arkansas Department of Health & Human Services v. Ahlborn, 547 U.S. 268, 126 S. Ct. 1752, 164 L. Ed. 2d 459 (2006). Because Ahlborn does not mandate a specific method for determining the medical expense portion of a plaintiff’s settlement, we uphold North Carolina’s reasonable statutory scheme and accordingly affirm the Court of Appeals.

Plaintiff Katelyn Andrews brought suit against defendants, alleging medical malpractice and seeking recovery for injuries she sustained at birth. The parties entered into confidential settlement agreements and established a settlement account for the proceeds. [601]*601Because Katelyn is a North Carolina Medicaid recipient, the North Carolina Division of Medical Assistance (“DMA”) sought to recover from the account the amount it paid for her medical expenses, $1,046,681.94. The trial court determined the DMA has subrogation rights to the entire amount of the settlement, limited by the statutory provision that only one-third of a recovery is subject to subrogation. N.C.G.S. § 108A-57(a) (2005). Because the amount expended by the DMA was less than one-third of the settlement, the trial court ordered full reimbursement. The trustee of the settlement account appealed.

The Court of Appeals affirmed the trial court’s order based on our prior decision in Ezell v. Grace Hospital, Inc., 360 N.C. 529, 631 S.E.2d 131 (2006), rev’g per curiam for reasons stated in the dissenting opinion, 175 N.C. App. 56, 623 S.E.2d 79 (2005), reh’g denied, 361 N.C. 180, 641 S.E.2d 4 (2006). Andrews v. Haygood, 188 N.C. App. 244, 247, 655 S.E.2d 440, 444 (2008). However, a dissent questioned the majority’s reliance on Ezell because in reversing the Court of Appeals, we did not specifically address the applicability of the holding in Ahlborn to the issues in Ezell. Id. at-, 655 S.E.2d at 444-45 (Wynn, J., dissenting).

Based on the dissent, the trustee appealed to this Court, and we granted review of additional issues arising from the trial court’s denial of requests for an evidentiary allocation hearing and for a delay in resolution of the case until a third party could be joined. The trustee contends that absent an agreement between the parties, federal law requires a judicial determination of the portion of a tort claim settlement that represents the recovery of medical expenses. In response, the DMA contends the statutory one-third limiting provision complies with Ahlbom’s interpretation of federal Medicaid law. The DMA thus argues that judicial apportionment of medical expenses from the settlement is not required. We agree.

Medicaid is a cooperative program that provides federal and state medical care funding for certain individuals who are unable to afford their own medical costs. See Ahlborn, 547 U.S. at 275, 126 S. Ct. at 1758, 164 L. Ed. 2d at 468. Participating states are required by federal law to “take all reasonable measures to ascertain the legal liability of third parties ... to pay for care and services available under the plan” and to “seek reimbursement for [medical] assistance [made aváilable on behalf of a recipient] to the extent of such legal liability.” 42 U.S.C. § 1396a(a)(25)(A)-(B) (2000). State laws control the administration of the program, including the method by which a state may seek reimbursement for prior Medicaid assistance. See Ahlborn, 547 U.S. at [602]*602275-77, 126 S. Ct. at 1758-59, 164 L. Ed. 2d at 468-70. State laws, however, must comply with federal Medicaid law. Id.

The Supreme Court of the United States addressed the operation of a state’s Medicaid reimbursement statute in Ahlbom, in which the Court was asked to determine whether the Arkansas Department of Health and Human Services (“ADHS”) could claim a statutory lien on a settlement for more than the portion that by stipulation represented the recovery of medical expenses. Ahlborn, 547 U.S. at 279-80, 126 S. Ct. at 1760-61, 164 L. Ed. 2d at 470-71. The Arkansas statutes in question1 allowed total reimbursement to ADHS for all previous medical payments made on the plaintiff’s behalf. Id. at 278-79, 126 S. Ct. at 1759-60, 164 L. Ed. 2d at 470-71. Ahlborn, a Medicaid recipient, challenged the statute because it permitted reimbursement from settlement proceeds recovered for damages other than medical expenses. Id. at 274, 126 S. Ct. at 1757-58, 164 L. Ed. 2d at 468. In her suit against the alleged tortfeasors, she sought compensation for medical expenses, pain and suffering, lost wages, and permanent impairment of her future wage-earning ability. Id. at 273, 126 S. Ct. at 1757, 164 L. Ed. 2d at 467. After the parties settled for $550,000, ADHS asserted a lien against the settlement for $215,645.30 — the total amount of prior payments made by ADHS for Ahlborn’s medical care. Id. at 274, 126 S. Ct. at 1757, 164 L. Ed. 2d at 468. Ahlborn challenged the lien, alleging it violated federal Medicaid law “insofar as its satisfaction would require depletion of compensation for injuries other than past medical expenses.” Id.

Before trial, Ahlborn and ADHS stipulated to several facts. Id. at 274, 126 S. Ct. at 1757-58, 164 L. Ed. 2d at 468. The reasonable value of Ahlborn’s claim, absent any consideration of liability, was specified to be approximately $3,040,708.18. Id. The parties agreed the settlement amount of $550,000 represented approximately one-sixth of the estimated total damages. Id. ADHS further stipulated that if Ahlborn’s construction of the Arkansas statute were correct, ADHS [603]*603would only be entitled to reimbursement for one-sixth of the total past medical payments, or $35,581.47. Id.

The Supreme Court of the United States determined that ADHS was entitled to recover $35,581.47, the portion of the settlement stipulated to represent Ahlborn’s recovery of medical expenses. Id. at 292, 126 S. Ct. at 1767, 164 L. Ed. 2d at 479. The Court held: “Federal Medicaid law does not authorize ADHS to assert a lien on Ahlborn’s settlement in an amount exceeding $35,581.47 .... Arkansas’ third-party liability provisions are unenforceable insofar as they compel a different conclusion.” Id. Ahlborn thus controls when there has been a prior determination or stipulation as to the medical expense portion of a plaintiff’s settlement. In those cases, the State may not receive reimbursement in excess of the portion so designated.

The Ahlbom holding, limited by the parties’ stipulations, did not require a specific method for determining the portion of a settlement that represents the recovery of medical expenses. See id. at 288, 126 S. Ct. at 1765, 164 L. Ed. 2d at 476.

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Cite This Page — Counsel Stack

Bluebook (online)
669 S.E.2d 310, 362 N.C. 599, 2008 N.C. LEXIS 984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-ex-rel-andrews-v-haygood-nc-2008.