Wednesday, December 30, 2009

Pennsylvania Supreme Court Allows DPW to Recover on Lien Beyond Statute of Limitations

In a December 29, 2009 decision in the case of EDB v. Gerald Clair and Centre Hospital Apl of: Dept. of Public Welfare, No. 78 MAP 2008 (Pa. 2009), the Pennsylvania Supreme Court overruled a Superior Court decision and held that the Department of Public Welfare (DPW) can obtain reimbursement from a tortfeasor for Medicaid expenditures made on behalf of a disabled minor even when a claim therefore by the minor’s parents is barred by the statute of limitations.

As it is the holidays and given that judicial opinions on the lien issues generally give me a headache, instead of trying to decipher the decision, I give you the links to read the Opinion yourself if you desire:

Majority Opinion: http://www.pacourts.us/OpPosting/Supreme/out/J-42-2009mo.pdf

Concurring Opinion: http://www.pacourts.us/OpPosting/Supreme/out/J-42-2009co.pdf

Dissenting Opinion: http://www.pacourts.us/OpPosting/Supreme/out/J-42-2009do.pdf


Thanks to Attorney Richard Bishop from the Wilkes-Barre/Scranton law firm of Hourigan, Kluger & Quinn for bringing this case to my attention.

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