Smith v. Alabama Medicaid Agency

This is a case involving the subrogation rights of the Alabama Medicaid Agency from a settlement agreement between the recipient and third parties.

The recipient of certain Medicaid benefits brought suit against third party tortfeasors for injuries that he had received. The suit was settled out of court, and the recipient later brought action to determine the amount that should be repaid to Medicaid.

The Circuit Court of Tuscaloosa County granted Medicaid's motion for summary judgment and allowed the agency to recoup 100% of the paid benefits.

The recipient contends that Medicaid should be…