Martinez v. Dep't of Health Care Servs.
California Court of Appeal, 5th District
1Opinion of the CourtGilbert, P. J.
*372In Arkansas Dept. of Health and Human Servs. v. Ahlborn (2006) 547 U.S. 268, 126 S.Ct. 1752, 164 L.Ed.2d 459 ( Ahlborn ), the Supreme Court held that a state's lien on a Medicaid recipient's tort settlement is limited to the recipient's medical costs.
Here we hold that where a tort settlement in a medical malpractice case does not allocate between medical and noneconomic costs, the noneconomic damages may not exceed $250,000, the maximum allowed under the Medical Injury Compensation Reform Act (MICRA) ( Civ. Code, § 3333.2 ).
The California Department of Health Care Services (Department) moved…
2Cases cited2 opinions
- Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
- Licudine v. Cedars-Sinai Medical CenterCalifornia Court of Appeal · 2016
3Cited by2 opinions
- Lomeli v. State Dep't of Health Care Servs., California Court of Appeal, 5th District2019
- Lomeli v. State Dept. of Health Care ServicesCalifornia Court of Appeal · 2019