No. 19-539

Office of Recovery Services v. John R. Latham

Lower Court: Utah
Docketed: 2019-10-24
Status: Denied
Type: Paid
Experienced Counsel
Tags: ark-dept-of-health-v-ahlborn civil-litigation future-medical-expenses liens medicaid-reimbursement medical-expenses past-medical-expenses settlement settlement-allocation state-recovery third-party-liability third-party-tort third-party-tortfeasor
Key Terms:
SocialSecurity Privacy
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether a State may seek reimbursement for its medical expenses from the portion of a settlement that represents all medical expenses—past and future—or only from the portion allocable to past medical expenses

Question Presented (OCR Extract)

QUESTION PRESENTED When a State incurs medical expenses because a third-party tortfeasor injures a Medicaid recipient, federal law requires the State to seek reimbursement for those expenses. Like most modern civil litigation, most claims for reimbursement settle—and those settlements often include payments for damages other than medical expenses, such as for pain and suffering. When that happens, the State is entitled to reimbursement from only the portion of the “settlement that represents medical expenses.” Ark. Dep't of Health & Human Servs. v. Ahiborn, 547 U.S. 268, 280 (2006). The question presented is whether a State may seek reimbursement for its medical expenses from the portion of a settlement that represents all medical expenses—past and future—or only from the portion allocable to past medical expenses.

Docket Entries

2020-01-13
Petition DENIED.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-23
Reply of petitioner Office of Recovery Services filed. (Distributed)
2019-12-06
Brief of respondent John R. Latham in opposition filed.
2019-11-12
Motion to extend the time to file a response is granted and the time is extended to and including December 6, 2019.
2019-11-08
Motion to extend the time to file a response from November 25, 2019 to December 6, 2019, submitted to The Clerk.
2019-10-21
Petition for a writ of certiorari filed. (Response due November 25, 2019)

Attorneys

John R. Latham
Ishan Kharshedji BhabhaJenner and Block LLP, Respondent
Ishan Kharshedji BhabhaJenner and Block LLP, Respondent
Office of Recovery Services
Tyler GreenUtah Solicitor General, Petitioner
Tyler GreenUtah Solicitor General, Petitioner