×
Newsmax TV & Webwww.newsmax.comFREE - In Google Play
VIEW
×
Newsmax TV & Webwww.newsmax.comFREE - On the App Store
VIEW
Skip to main content
Tags: supreme court | florida | medicaid | accident | settlement

Supreme Court Rules Medicaid Can Recoup Payments for Future Care

Supreme Court building
The U.S. Supreme Court building. (Getty Images)

By    |   Monday, 06 June 2022 11:43 AM EDT

The Supreme Court ruled in favor of Florida in a case where the state sought to recover Medicaid payouts from an accident victim's injury settlement.

The decision, affirming an appeals court ruling, was 7-2 with conservative Justice Clarence Thomas writing the majority opinion backed by Chief Justice John Roberts, conservative Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and liberal Justice Elena Kagan.

Justices Sonia Sotomayor and Stephen Breyer, who is resigning at the end of this session, were in dissent of the opinion.

"The Supreme Court rules 7-2 in favor of Florida's Medicaid program in a dispute over how much money the state can take from an accident victim's private tort settlement in order to recover costs of the victim's medical care," the SCOTUS Blog tweeted Monday.

The case centered on Gianinna Gallardo being permanently disabled when she was hit by a truck stepping off a Florida school bus. Gallardo, through her parents, sued the trucking company for medical expenses, future medical expenses, lost earnings, and other damages.

"In 2008, a truck struck then-13-year-old petitioner Gianinna Gallardo after she stepped off her school bus," the case read. "Gallardo suffered catastrophic injuries and remains in a persistent vegetative state."

The future medical expenses was the issue at stake, because Medicaid requires recouping of payments for care.

"The question presented is whether §1396k(a)(1)(A) permits a state to seek reimbursement from settlement payments allocated for future medical care," the majority opinion read. "We conclude that it does."

The dissent argued the ruling will ultimately limit a state's ability to recoup Medicaid expenses because those permanently disabled will be less incentivized to sue for future medical costs because the money will merely go to Medicaid anyway.

Eric Mack

Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.

© 2023 Newsmax. All rights reserved.


Newsfront
The Supreme Court ruled in favor of Florida in a case where the state sought to recover Medicaid payouts from an accident victim's injury settlement.
supreme court, florida, medicaid, accident, settlement
285
2022-43-06
Monday, 06 June 2022 11:43 AM
Newsmax Media, Inc.

Sign up for Newsmax’s Daily Newsletter

Receive breaking news and original analysis - sent right to your inbox.

(Optional for Local News)
Privacy: We never share your email address.
Join the Newsmax Community
Read and Post Comments
Please review Community Guidelines before posting a comment.
 
TOP

Interest-Based Advertising | Do not sell or share my personal information

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved
Download the NewsmaxTV App
Get the NewsmaxTV App for iOS Get the NewsmaxTV App for Android Scan QR code to get the NewsmaxTV App
NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved