See our prior blog, “CONGRESS OVERRULES AHLBORN, ATTEMPTS TO GIVE MEDICAID A LIEN ON FULL AMOUNT OF RECOVERY IN PERSONAL INJURY ACTIONS REGARDLESS OF THE AMOUNT PROPERLY ALLOCABLE TO MEDICAID’S EXPENSES”
These amendments were to go into effect October 1, 2014. The effective date is now October 1, 2016 which means plaintiffs will continue to be able to rely on Ahlborn until at least than. Click here for more information. See in particular “SEC. 211. DELAY OF EFFECTIVE DATE FOR MEDICAID AMENDMENTS RELATING TO BENEFICIARY LIABILITY SETTLEMENTS.
Effective as if included in the enactment of the Bipartisan Budget
Act of 2013 (Public Law 113-67), section 202(c) of such Act is amended
by striking “October 1, 2014” and inserting “October 1, 2016”.’