Lopes v. Commonwealth

The plaintiffs are personal representatives of the estates of Massachusetts residents who received free medical care during their lives under the Commonwealth’s Medicaid program, G. L. c. 118E, §§ 15 et seq. In this action, the plaintiffs seek to enjoin the Commonwealth from recovering the cost of that care from their decedents’ estates or, where the money has already been recovered, to require the Commonwealth to return the funds. The plaintiffs base their claim on the premise that their decedents received such care for tobacco-related illnesses, and the Commonwealth already has recovered…