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E.M.A. EX REL. PLYLER v. CANSLER

No. 10-1865.

674 F.3d 290 (2012)

E.M.A., a minor, by and through her Guardian ad Litem, William W. PLYLER; William Earl Armstrong; Sandra Armstrong, Plaintiffs-Appellants, v. Lanier M. CANSLER, in his official capacity as Secretary of the North Carolina Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 22, 2012.

Attorney(s) appearing for the Case

ARGUED: William Bernard Bystrynski , Kirby & Holt, LLP, Raleigh, North Carolina, for Appellants. Belinda Anne Smith , North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: C. Mark Holt , Kirby & Holt, LLP, Raleigh, North Carolina; Jeffrey T. MacKie , Sigmon, Clark, MacKie, Hutton, Hanvey & Ferrell, PA, Hickory, North Carolina, for Appellants. Roy Cooper , North Carolina Attorney General, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Judge DAVIS wrote the opinion, in which Judge KEENAN joined. Judge AGEE wrote an opinion concurring in part, dissenting in part, and concurring in the judgment.

OPINION

DAVIS, Circuit Judge:

Under federal law, states participating in the Medicaid program are obligated (with some exceptions) to seek reimbursement from third-party tortfeasors for health care expenditures made on behalf of Medicaid beneficiaries who are tort victims. At the same time, however, states are prohibited (with some exceptions) from seeking reimbursement "from the personal property of" Medicaid beneficiaries themselves for health care expenditures...

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