42 C.F.R. § 433.154
Distribution of collections
The agency must distribute collections as follows—
(a) To itself, an amount equal to State Medicaid expenditures for the individual on whose right the collection was based.
(b) To the Federal Government, the Federal share of the State Medicaid expenditures, minus any incentive payment made in accordance with § 433.153.
(c) To the beneficiary, any remaining amount. This amount must be treated as income or resources under part 435 or part 436 of this subchapter, as appropriate.
Notes of Decisions
Cited in 22
cases, 1982–2007 · leading case: Beverly K. Barton v. Paul G. Summers, Harshell C. Downs, Jr. Kathleen D. Downs v. Commonwealth of Kentucky, 293 F.3d 944 (6th Cir. 2002).
Beverly K. Barton v. Paul G. Summers, Harshell C. Downs, Jr. Kathleen D. Downs v. Commonwealth of Kentucky, 293 F.3d 944 (6th Cir. 2002). “” 42 C.F.R. § 433.154 . Plaintiffs have sued under 42 U.”
McClendon v. Georgia Dep't of Cmty. Health, 261 F.3d 1252 (11th Cir. 2001). “See also 42 C.F.R. § 433.154 (the state must distribute collections to itself, to the federal government and, lastly, to individual recipients).”
Clark v. Stovall, 158 F. Supp. 2d 1215 (D. Kan. 2001). “42 C.F.R. § 433.154 . In reliance on these Medicaid Act provisions, the plaintiffs claim that the State of Kansas’ suit against the tobacco companies was a Medicaid reimbursement action and that the distribution requirements found in § 1396k(b) and explained in 42 C.”
Greenless v. Almond, 277 F.3d 601 (1st Cir. 2002). “42 C.F.R. § 433.154 (2000). 3 . Our discussion of similar cases in this opinion is not exhaustive and includes only those published opinions useful to give context to our decision today.”
Eaton v. Arizona Health Care Cost Containment Sys., 79 P.3d 1044 (Ariz. Ct. App. 2003). “§ 1396k(b) and 42 C.F.R. § 433.154 . The ALJ also acknowledged that Shirley had misrepresented AHCCCS’s abili *432 ty to compromise the lien and that these statements had misguided Eaton.”
Dist. of Columbia v. Jackson, 451 A.2d 867 (D.C. 1982). “[2] When collected, reimbursements representing third party liability are distributed to the federal government and to the state in accordance with their contributions, 42 C.F.R. § 433.154 . Failure to seek reimbursement leads to the elimination of federal funds.”
Pub. Health Trust v. Dade Cty. Sch., 693 So. 2d 562 (Fla. 3d DCA 1996). “Moreover, 42 C.F.R. § 433.154 (1995) regulates the manner in which the state agency administering the Medicaid program must distribute third-party liability benefits that are collected.”
In Re Zyprexa Prods. Liab. Litig., 451 F. Supp. 2d 458 (E.D.N.Y 2006). “with “appropriate reimbursement of the [f]ederal [g]overnment to the extent of its participation in the financing of such medical assistance”); 42 C.F.R. § 433.154 (when the state receives reimbursement from a third party, it keeps an amount equal to its own “Medicaid…”
Lewis v. State Ex Rel. Miller, 646 N.W.2d 121 (Iowa Ct. App. 2002). “§ 1396k(b), 42 C.F.R. § 433.154 (c), and Iowa Code section 249A.”
Philip Morris Inc. v. Glendening, 709 A.2d 1230 (Md. 1998). “” Third Party Liability, Cooperative Agreements and Incentive Payments, 42 C.F.R. § 433.154 (1997). 4 . The named plaintiffs, the appellants here, include: Philip Morris Incorporated, Brown & Williamson Tobacco Corporation, Liggett Group, Inc.”
Floyd v. Thompson, 111 F. Supp. 2d 1097 (W.D. Wis. 1999). “§ 1396k(b) and 42 C.F.R. § 433.154 (c), by failing to disburse to them a portion of the settlement between the state of Wisconsin and various tobacco companies and tobacco industry organizations.”
Cardenas v. Anzai, 311 F.3d 929 (9th Cir. 2002). “” 42 C.F.R. § 433.154 ; see also 42 U.S.C. § 1396k(b).”
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