Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu
Masterson, Hoag & Smith, P.A Tampa Medical Malpractice Lawyer
  • Free Case Review

Can Medicaid Require You to Pay Them Back From Your Personal Injury Settlement?


Let’s say you’re injured in a serious car accident.  To treat your injuries, you require a couple surgeries and a course of physical therapy. The costs of the medical care and treatment are significant. By way of insurance, you have Medicaid. Meanwhile, you file a claim against the at-fault driver and make a monetary recovery. Does the government have the power to assert a lien against your recovery and demand that you pay back the medical costs to Medicaid?

That is precisely the question the U.S. Supreme Court answered in 2006 in the case of Arkansas Dept. of Health Services v. Ahlborn.

The decision? The U.S. Supreme Court ruled that the state cannot assert a lien against any portion of a personal injury recovery, other than the amount recovered for the related medical expenses paid by Medicaid. In essence, the decision prohibited the government from using legal means to leverage Medicaid recipients into having to surrender a portion of their monetary recovery in a personal injury claim, if there was no recovery for the related medical expenses.

Contact a Tampa Bay Medical Malpractice Attorney Today 

The Tampa attorneys at Masterson, Hoag, & Smith, P.A. can help you recover damages when your doctor, hospital, or staff fails their standard of care. Call us at 727-325-2696  or contact us online for a free consultation.

Facebook Twitter LinkedIn

Masterson, Hoag & Smith, P.A. would like to hear from you. Please be aware that we cannot represent you until we know that doing so will not create a conflict-of-interest. Accordingly, please do not mail us any information about any matter that may involve you until we have spoken or met and formalized an engagement.

By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

Skip footer and go back to main navigation