Arkansas Department of Human Services v. Estate of Ferrel

Lavenski R. Smith, Justice.

This case involves an issue of first impression: Whether first impression: Whether the Arkansas Department of Human Services is subject to traditional common-law principles of subrogation when it seeks reimbursement for medical benefits under Ark. Code Ann. §§ 20-77-301-313 (Repl. 1991 and Supp. 1997) and 42 U.S.C. § 1396a(a)25. The Arkansas Department of Human Services (“ADHS”) appeals to this court a decision of the Pope County Probate Court holding that it is indeed subject to general equitable principles applied in subrogation cases, in particular, the “made…