Arizona Health Care Cost Containment System v. Bentley

OPINION

LANKFORD, Judge.

The Arizona Health Care Cost Containment System (“AHCCCS”) appeals from summary judgment denying its claim for recovery of the costs of medical treatment for Jacqueline Bentley. AHCCCS also appeals from the award of attorneys’ fees to Bentley.

The superior court decided that AHCCCS lacked a statutory basis for recovery from the proceeds of Bentley’s settlement from third-party tortfeasors. We reverse because Ariz.Rev.Stat.Ann. (“AR.S.”) section 12-962(B)(3) (1992) authorizes AHCCCS’s recovery.

The facts are undisputed. Bentley was admitted to the University Medical Center…