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DELIA v. E.M.A.

Docket No.: 12-98
Certiorari Granted: Sep 25 2012
Argued: January 8, 2013
Decided: March 20, 2013

Topics:

Administrative Procedure, EPA, Medicaid, Medicare, Natural Resources, Social Security Act, Supremacy Clause, disparate treatment, judicial review, medical malpractice, preemption

PartyNames: Aldona Wos, Secretary, North Carolina Department of Health and Human Services v. E. M. A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al.
Petitioner: Aldona Wos, Secretary, North Carolina Department of Health and Human Services
Respondent: E. M. A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al.

Court Below: United States Court of Appeals for the Fourth Circuit
Citation: 674 F.3d 290
Supreme Court Docket

Aldona Wos, Secretary, North Carolina Department of Health and Human Services
v.
E. M. A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al.
Question Presented:

The Medicaid Act requires participating States to seek reimbursement from third-party tortfeasors for health-care expenditures they made to Medicaid recipients who are tort victims. 42 U.S.C. §§ 1396a(a)(25), 1396k(a) (2006). To enforce that requirement when the recipient and a third-party resolve their tort dispute through judgment or settlement, North Carolina law provides that the State has a subrogation right to, and may assert a lien upon, the lesser of one-third of the recipient's recovery or the State's actual medical expenditures. N.C. Gen. Stat. § 108A-57 (2011). The question presented is whether N.C. Gen. Stat. § 108A-57 is preempted by the Medicaid Act's anti-lien provision as it was construed in Arkansas Department of Health & Human Services v. Ahlborn, 547 U.S. 268 (2006), an issue on which the North Carolina Supreme Court and the United States Court of Appeals for the Fourth Circuit are in conflict.

DELIA v. E.M.A.
ORAL ARGUMENT

January 8, 2013

Listen to Oral Argument in DELIA v. E.M.A.
Holding: AFFIRMED
Vote: 6-3
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