SEEMAN v. IOWA DEPT. OF HUMAN SERVICES

No. 98-1226.

604 N.W.2d 53 (1999)

Jeffrey SEEMAN and Mischelle Seeman, Appellants, v. IOWA DEPARTMENT OF HUMAN SERVICES, Appellee.

Supreme Court of Iowa.

December 22, 1999.


Attorney(s) appearing for the Case

Gary J. Shea of Shea Law Offices, Cedar Rapids, for appellants.

Thomas J. Miller, Attorney General, and Stephen C. Robinson, Assistant Attorney General, for appellee.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, NEUMAN, and TERNUS, JJ.


NEUMAN, Justice.

The question in this declaratory judgment action is whether the lien for Medicaid payments authorized by Iowa Code section 249A.6 (1997) may be enforced against uninsured motorist benefits recovered by an injured party. The district court ruled that the statutory term "third party" includes the injured party's own insurance carrier. Appellants contend the district court read section 249A.6 too broadly and, as so interpreted, the statute is unconstitutional...

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