1. Home
  2. Browse Decisions
  3. P.3d
  4. 320 P.3d
  5. 320 P.3d 1168 (2014)
 

ESTATE OF ETHRIDGE v. RECOVERY MANAGEMENT

No. 1 CA-CV 12-0740.

320 P.3d 1168 (2014)

The ESTATE OF Deborah A. ETHRIDGE, an Arizona probate estate, by and through its Co-Personal Representatives, Tamika PRADIA and Keyana King; Tamika Pradia and Keyana King, in their individual capacities and as statutory beneficiaries of the Estate of Deborah Ethridge, Plaintiffs/Appellees, v. RECOVERY MANAGEMENT SYSTEMS, INC., an Arizona corporation authorized to do and doing business in Maricopa County, Arizona; Southwest Catholic Health Network Corporation, an Arizona corporation authorized to do and doing business in Maricopa County, Arizona by, through, and under the name of Mercy Care Plan and Mercy Care Advantage, Arizona businesses, Defendants/Appellants.

Court of Appeals of Arizona, Division 1.

February 13, 2014.

Attorney(s) appearing for the Case

Knapp & Roberts, PC, Scottsdale, by Craig A. Knapp , David L. Abney , for Plaintiffs/Appellees.

Gibson Dunn & Crutcher, LLP, Washington, D.C., by Miguel A. Estrada , Robert E. Johnson , for Defendants/Appellants.

Fennemore Craig, PC, Phoenix, by Jill M. Covington , Scott L. Altes , Theresa Dwyer-Federhar , for Defendants/Appellants.

Judge PATRICIA K. NORRIS delivered the opinion of the Court, in which Presiding Judge PETER B. SWANN and Judge SAMUEL A. THUMMA joined.

OPINION

NORRIS, Judge:

¶ 1 In this opinion, we hold Part C of the Medicare Act and its associated regulations preempt Arizona's anti-subrogation doctrine, and thus a Medicare Advantage plan may recover the medical expenses it paid for one of its enrollees from the settlement of personal injury claims asserted on behalf of the enrollee. Accordingly, we reverse the judgment of the superior court and remand for further proceedings consistent with this...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases