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U.S. Supreme Court Issues Opinion on Gallardo v. Marstiller

Posted on: Jun 7, 2022
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Of interest to members of the Workers Comp, Insurance Litigation, and Complex Litigation Committees is Gallardo v. Marstiller, #20-1263, in which the United States Supreme Court issued its opinion yesterday.  In a 7-2 opinion, the Court held that The Medicaid Act permits a state to seek reimbursement from settlement payments allocated for past and future medical care of parties who have received Medicaid payments.  The Court also held that the federal Medicaid Act did not preempt Florida’s policies on how its state can obtain Medicaid reimbursements.

 

See Mann, Ronald. “Justices validate states’ right to take tort recoveries from Medicaid beneficiaries.”, SCOTUSblog (June 6, 2022, 9:34 PM), https://www.scotusblog.com/. Accessed 7 June 2022.