Legal Opinion
Estate of Ethridge v. Recovery Management Sytems, Inc.
Court of Appeals of Arizona
Decided May 13, 2014No. 1 CA-CV 12-0740PublishedCited by 4 opinions
1Opinion of the Court
OPINION
NORRIS, Judge.
¶ 1 In this opinion, we hold Part C of the Medicare Act and its associated regulations preempt Arizona’s anti-subrogation doctrine and, therefore, a Medicare Advantage plan may seek reimbursement for medical expenses it paid for one of its enrollees from the settlement of claims that sought compensation for those expenses on behalf of the enrollee. Accordingly, we reverse the judgment of the superior court and remand for further proceedings consistent with this opinion.
FACTS AND PROCEDURAL BACKGROUND1
¶ 2 In September 2007, Deborah Ethridge died as a result of neglect by…
2Cases cited29 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Empire Healthchoice Assurance, Inc. v. McVeighSupreme Court of the United States · 2006
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
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3Cited by4 opinions
- United Behavioral Health v. Maricopa Integrated Health SystemCourt of Appeals of Arizona · 2015
- Abel Cuellar v. Megan G. VettorelCourt of Appeals of Arizona · 2014
- Aranki v. BurwellDistrict Court, D. Arizona · 2015
- Honey v. Bayhealth Medical Center, Inc.Superior Court of Delaware · 2015