Cases

V.P.H., a disabled adult v. WV Dept. of Health and Human Resources

Case Number:
11-0168
Case Date:
28-09-2011
Case Issue:

Petitioner appeals from the circuit court's order granting summary judgment in favor of the Department of Health and Human Resources and upholding its Medicaid lien under West Virginia Code ยง9-5-11. Petitioner asks this Court to grant this appeal involving the validity of the Medicaid lien statute, which petitioner asserts is overly broad and cannot be enforced. In the alternative, petitioner asks this Court to remand the action with an order directing the parties to negotiate over an allocation of damages with formal mediation and, failing an agreement being reached, with directions that the circuit court conduct an evidentiary proceeding to determine a fair allocation of the recovered damages.