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Steven J. Bruzonsky

Attorney At Law

Law Office of
Steven J. Bruzonsky
917 E. San Angelo Ave.
Gilbert, AZ 85234
480-969-3003

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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.) 

 

 

2016-07/08: Ahlborn Repeal:Delayed to Oct. 1, 2017

June 25th, 2016 12:06:18 pm


 

This article has been published in “The Advocate”, a monthly publication of the Arizona Association for Justice/Arizona Trial Lawyers Association, July-August 2016 issue, @2016 by Steven J. Bruzonsky, Esq.

 

 

 

AHCCCS Liens:

 

The U.S. Supreme court decisions in Ark. Dept. of Health and Human Services v. Ahlborn, 547 U.S. 268, 126 S.Ct. 1752 (2006) and Wos v. E.M.A.,548 U.S. ___, 133 S.Ct. 1391 (2013) require pro rata Medicaid and AHCCCS lien reduction in consideration of the amount collected vs the “full value” of the personal injury claim. The federal Medicaid statute was amended by §202(b) of the Bipartisan Budget Act of 2013 to effectively eliminate the pro rata Medicaid and AHCCCS lien reduction mandated by Ahlborn and Wos.  The Bipartisan Budget Act of 2013, §202(b)(1)(B) amends 42 U.S.C. §1396a(a)(25)(H) to permit recovery not just for health care items or services, but for “any payments by such third party”; §202(b)(2) amends 42 U.S.C. §1396k(a)(1)(A) and replaces the provision for reimbursement "for medical care from any third party" with a provision for reimbursement of "any payment from a third party that has a legal liability to pay for care and services available under the plan"; and §202(b)(3) amends 42 U.S.C. §1396p(a)(1)(A) to permit Medicaid programs to place a lien against "rights acquired by or assigned to the State in accordance with section [1396a(a)(25)(H)] or section [1396k(a)(1)(A)]”  However, the legally effective date of the above sections of the Bipartisan Budget Act of 2013 is delayed until October 1, 2017, the latest delay/extension in the Medicare Access and CHIP Reauthorization Act of 2015, §220.



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© Copyright 2006, Steven J. Bruzonsky, Attorney
Terms of Use: 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 familiar with all the facts and circumstances of your specific case and relevant law. If you use this site, or send information or e-mail the attorney, such action does not create an attorney-client relationship. For legal advise please personally consult with an experienced attorney like Steven J. Bruzonsky.