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State's Medicaid Lien Rights Remain Sacred in Upcoming Supreme Court Decision

Posted by James Aspell | May 28, 2008 | 0 Comments

The Connecticut Supreme Court has held, in a case being released later this week, that the lien rights that the State of Connecticut can assert against the proceeds of a personal injury or worker's compensation case remain a formidable force to be reckoned with. In State vs. Peters The Court has concluded that the State of Connecticut has no obligation to itself pursue an action against a tortfeasor to recover Medicaid sums paid to or on behalf of a recipient injured as a result of that tortfeasor's wrongdoing. The Court has further concluded that it would be improper to reduce the state's lien in a proportionate amount equal to the attorneys' fees paid by the Medicaid recipient. While this may sound confusing, what it all means, in a nutshell, is that the State's lien against one's PI or WC case, needs to be addressed in the same fashion as we have been doing for some time. If you have been injured on the job or through the fault of another, and you are a recipient of benefits from the State of Connecticut, then be well aware that the State has a lien on the proceeds of your case to get it's money paid to you back. There is a formula they must follow as set out by Statute and we as your lawyers will do our utmost to maximize your recovery in these situations. If we may be of service, please feel free to call. The entire Peters decision may be read here.

About the Author

James Aspell

Principal since August 1, 2006 James F. Aspell is the principal and managing attorney of the firm which he started in 2006 following 20 years of litigation practice in a mid -size firm in Hartford, Connecticut. Jim focuses his practice in the areas of worker's compensation and personal injury l...


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