Legal Opinion

In Re Guardianship of Wade

Indiana Court of Appeals

Decided April 27, 1999No. 33A01-9709-CV-289PublishedCited by 8 opinions

1Opinion of the Court

OPINION

RUCKER, Judge

Stephen Wade was injured in a personal injury accident that rendered him incapacitated. Because his medical bills were paid by Medicaid, the Indiana Family and Social Services Administration (FSSA) filed a notice to hold a lien against any funds Wade might receive as a result of the accident. After Wade received a settlement his guardian filed a motion to reduce the lien pursuant to Indiana’s lien reduction statute. The trial court granted the motion. FSSA now appeals contending the trial court erred in so doing because federal Medicaid law preempts Indiana’s lien…

2Cases cited15 opinions

  1. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  2. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
  3. Harris v. McRaeSupreme Court of the United States · 1980
  4. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
  5. Bowen v. MassachusettsSupreme Court of the United States · 1988

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3Cited by8 opinions

  1. Principal Life Insurance Co. v. NeedlerIndiana Court of Appeals · 2004
  2. Eaton v. Arizona Health Care Cost Containment SystemCourt of Appeals of Arizona · 2003
  3. Community Action Program of Evansville v. VeeckIndiana Court of Appeals · 2001
  4. Family & Social Services Administration v. SchluttenhoferIndiana Court of Appeals · 2001
  5. Pedraza Ex Rel. Pedraza v. GrandeIndiana Court of Appeals · 1999

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