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SMALLEY v. NEBRASKA DEPT. OF HEALTH

No. S-11-151.

811 N.W.2d 246 (2012)

283 Neb. 544

Edward M. SMALLEY, appellee and cross-appellant, v. NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES, appellant and cross-appellee.

Supreme Court of Nebraska.

March 23, 2012.

Attorney(s) appearing for the Case

Jon Bruning , Attorney General, and Michael J. Rumbaugh , Lincoln, for appellant.

William R. Settles , of Lamson, Dugan & Murray, L.L.P., Omaha, Dean T. Jennings , of Jennings Law Firm, and G. Michael Fenner , of Creighton University School of Law, Omaha, for appellee.

HEAVICAN, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

This case arises from the settlement of a personal injury lawsuit filed by Edward M. Smalley, who was seriously injured in a motor vehicle accident in December 2007. Although Smalley qualified for Medicaid as a result of the accident, the Nebraska Department of Health and Human Services (DHHS), Nebraska's Medicaid administrator, took the position that it would not pay Smalley's outstanding medical bills prior to the disposition of his third-party liability...

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