Personal Injury & Torts
Jul. 1, 2003
Federal Medicaid System Pre-Empts State Statutes Allowing Medical Liens
Focus Column - Tort Law - By David Martinez - Health care providers participating in California's Medi-Cal program routinely have relied on Welfare and Institutions Code Sections 14124.791 and 14124.74 in asserting and collecting liens for the value of their services against any judgment or settlement received by health care recipients. In a unanimous decision, however, the state Supreme Court struck down these statutes as unconstitutional, holding that the federal Medicaid program pre-empts them.
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