Wos v. E.M.A., No. 12-98; U.S. Supreme Court; opinion by Kennedy, J.; concurrence by Breyer, J.; dissent by Roberts, C.J.; decided March 20, 2013. On certiorari to the U.S. Court of Appeals for the Fourth Circuit.
The federal Medicaid statute’s anti-lien provision, 42 U.S.C. § 1396p(a)(1), pre-empts a state’s effort to take any portion of a Medicaid beneficiary’s tort judgment or settlement not "designated as payments for medical care," Arkansas Dept. of Health and Human Servs. v. Ahlborn, 547 U.S. 268, 284. A North Carolina statute requires that up to one-third of any damages recovered by a beneficiary for a tortious injury be paid to the state to reimburse it for payments it made for medical treatment on account of the injury. Respondent E.M.A. was born with multiple serious birth injuries that require her to receive between 12 and 18 hours of skilled nursing care per day and that will prevent her from being able to work, live independently, or provide for her basic needs. North Carolina’s Medicaid program pays part of the cost of her ongoing medical care.