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S.W. FIDUCIARY v. HEALTH CARE COST ADMIN.

Nos. 1 CA-CV 10-0300, 1 CA-CV 10-0301.

249 P.3d 1104 (2011)

SOUTHWEST FIDUCIARY, INC., as Conservator of Rhonda Lundy, a single woman, Plaintiff/Appellee/Cross-Appellant, and James Flynn, a single man, Plaintiff/Appellee, v. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION, an Arizona state agency; Anthony D. Rodgers, Director of AHCCCS; Todd J. Jensen, AHCCCS Administrative Hearing Decision Administrator, Defendants/Appellants/Cross-Appellees.

Court of Appeals of Arizona, Division 1, Department B.

March 10, 2011.

Attorney(s) appearing for the Case

Goldberg & Osborne By Allen D. Bucknell , Phoenix, Attorneys for Plaintiff/Appellee/Cross-Appellant, Southwest Fiduciary, Inc.

Ira W. Schiffman Attorney at Law and Law Offices of David L. Abney By David L. Abney and Levenbaum & Cohen By Geoffrey M. Trachtenberg , Phoenix, Attorneys for Plaintiff/Appellee James Flynn.

Deconcini McDonald Yetwin & Lacy, P.C. By Gary F. Urman , Tucson, Attorneys for Defendants/Appellants, Arizona Health Care Cost Containment System Administration, Anthony D. Rodgers and Todd J. Jensen.

OPINION

JOHNSEN, Judge.

¶ 1 In these consolidated cases we address a question the Supreme Court left open in Arkansas Department of Health and Human Services v. Ahlborn, 547 U.S. 268, 126 S.Ct. 1752, 164 L.Ed.2d 459 (2006), concerning the lien rights of a state Medicaid plan after it has paid medical expenses for a victim who subsequently settles with a tortfeasor for less than the full amount of her overall...

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