High Court Refuses to Limit State Sources for Medicaid Clawbacks (2)

States can take money Medicaid beneficiaries win in personal injury litigation for future medical expenses to recoup payments the program made for their prior care, the U.S. Supreme Court ruled Monday.

In a 7-2 decision, the court’s majority said the Medicaid Act permits a state to seek reimbursement from settlement amounts that are allocated for future medical expenses. In delivering the court’s ruling, Justice Clarence Thomas said the plain text of the statute decided this case.

Two provisions “distinguish only between medical and nonmedical care, not between past (paid) medical care payments and future (unpaid) medical care payments,” he ...