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Please note that Attorney Bruzonsky has been doing this regular “Liens Corner” column since April 2006. His last “Liens Corner” article was for the November/December 2017 issue of The Advocate, having stepped down from this regular column, as he now works part-time (and is part-time retired) exclusively handling large subrogation/lien claims in very large personal injury and medical malpractice cases for other attorneys. However, attorney Bruzonsky may add notes to this website under the subject lien article headers from time to time. (Please keep in mind that this site contains general information for educational purposes only. It is not intended to provide legal advise, which can only come from a qualified attorney who is familiair with all the facts and circumstances of your specific case and relevant law.) 

 

 

2015-05/06: Update AHCCCS & State or Political Subdivision Lien Statute of Limitations

June 25th, 2016 12:13:54 pm


This article has been published in “The Advocate”, a monthly publication of the Arizona Association for Justice/Arizona Trial Lawyers Association, May-June 2015 issue, @2015 by Steven J. Bruzonsky, Esq.

 

 

May/June 2015 Lien Updates

 

AHCCCS & Arizona State and Political Subdivision Liens – Statute of Limitations:

 

As previously discussed in the September/October 2014 “Liens Corner” article, Arizona Revised Statutes, Chapter 5 “LIMITATIONS OF ACTIONS” sets forth various Statutes of Limitations under Arizona law. A.R.S. §12-510 states that “the state shall not be barred by the limitations of actions prescribed in this chapter.”  I stated my opinion that this A.R.S. §12-510 exemption for the State in regard to the limitation of actions does not apply to AHCCCS liens or t0o Arizona state and political subdivision liens under A.R.S. §12-962, because the authority for Arizona state and political subdivision liens is from the Arizona  Revised Statutes, Title 12, Chapter 7 (A.R.S. §§12-961 to 12-964); and as the authority for AHCCCS liens is from A.R.S., Title 12, Chapter 7 (A.R.S. §§12-961 to 12-964) and Title 36, Chapter 29 (A.R.S. §§36-2915 and §36-2956).

 

However, an unpublished memorandum decision of the Arizona Court of Appeals, Stallings v. Arizona Health Care Cost Containment System Administration, 2010 WL 1487995 (No. 1 CA-CV 09-0264, April 13, 2010), holds that A.R.S. §12-510 applies to AHCCCS liens which are not barred by any  Statute of Limitations.  In this case, the court states that A.R.S. §12-510 was first enacted in 1901, that the statute is constitutional, and that the Arizona Supreme Court has continued to applyA.R.S. §12-510 in Tuscon Unified Sch. Dist. V. Owens-Corning Fiberglass Corp., 174 Ariz. 336, 849 P.2d 790 (1993) (exempting a school district from the statute of limitations period per A.R.S. §12-510) and in In re Diamond Benefits Life Ins. Co., 184 Ariz. 94, 907 P.2d 63 (1995) (exempting the receiver, appointed pursuant to Arizona law, of an insolvent insurance company from the statute of limitations period per A.R.S. §12-510). Also, the latter case states that “The state is exempt from the statute of limitations under the common law rule of nullum tempus occurrit regi ("time does not run against the king"), which is codified in A.R.S. § 12-510; and cites City of Bisbee v. Cochise County, 78 P.2d 982, 52 Ariz. 1 (1938) (holding that the doctrine applied not only to the state but to all political subdivisions of the state). However, the Stallings case, as an unpublished memorandum decision, may not be cited as legal authority in Arizona courts.



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