Oral Argument Audio From EMA v Cansler Considering Whether NC Medicaid Liens Comply With Ahlborn Case

If you are interested in hearing how the 4th Circuit came to the decision in E.M.A. v Cansler, wherein the Court held that NC’s Medicaid lien statute was not in compliance with the requirements for subrogation as set out in Ark. Dep’t of Human Servs. v. Ahlborn, 547 U.S. 268 (2006) the audio link is posted below.  E.M.A. v Cansler now stands for the proposition that Plaintiffs in NC can ask for a Court to determine Medicaid’s share of a personal injury settlement in a post-settlement hearing where the Court determines what percentage of the settlement is compensation for “medical costs incurred” and paid by Medicaid.

The oral argument can be heard here: http://coop.ca4.uscourts.gov/OAarchive/mp3/10-1865-20111026.mp3#

Chris Nichols
www.NicholsTrialLaw.com