ANDREWS EX REL. ANDREWS v. Haygood

Because I find that our Supreme Court has not yet squarely answered the question presented to us by this case, I certify by dissent for a decision on the issue of whether the amount of the State Division of Medical Assistance’s subrogation claim on a Medicaid, recipient’s settlement is controlled by the United States Supreme Court decision in Arkansas Department of Health and Human Services v. Ahlborn, 547 U.S. 268, 164 L. Ed. 2d 459 (2006).

Preliminarily, I observe that our state Supreme Court’s reversal of this Court’s decision in Ezell v. Grace Hospital, Inc. was explained only as “[f]or…