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Medicaid Expenditures Can Be Recouped Beyond Limitations Period
The Supreme Court of Pennsylvania reversed the Superior Court by holding that the Pennsylvania Department of Public Welfare (DPW) can obtain reimbursement from a tortfeasor for Medicaid expenditures made on behalf of a disabled minor even when a claim by the minor's parents is barred by the statute of limitations. E.D.B. v. Clair, PICS Case No. 09-2198 (Pa. Dec. 29, 2009) McCaffery, J.; Saylor, J. concurring; Baer, J. dissenting.
The disabled child, Emily, was born on Oct. 11, 1985, suffering from severe physical and mental disabilities. Nearly 18 years later, in August 2003, Emily, by and through her parents and guardians, the Bowmasters, filed suit against Centre Community Hospital, where Emily was born, and an attending physician, alleging that their negligence was the proximate cause of Emily's disabilities. The parties reached a negotiated settlement, and the Bowmasters filed a petition for leave to settle an incapacitated person's case. The court of common pleas approved the settlement, which included the establishment of a special needs trust for Emily.
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