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DOE v. VERMONT OFFICE OF HEALTH ACCESS

No. 11-045.

54 A.3d 474 (2012)

2012 VT 15A

John DOE v. VERMONT OFFICE OF HEALTH ACCESS.

Supreme Court of Vermont.

June 14, 2012.

Attorney(s) appearing for the Case

Karen McAndrew and Linda J. Cohen of Dinse, Knapp & McAndrew, P.C., Burlington, for Plaintiff-Appellee/Cross-Appellant.

William H. Sorrell , Attorney General, and Mark J. Di Stefano , Assistant Attorney General, Montpelier, for Defendant-Appellant/Cross-Appellee.

Present: REIBER, C.J., DOOLEY, SKOGLUND and BURGESS, JJ., and COOK, Supr. J. (Ret.), Specially Assigned.

REIBER, C.J.

¶ 1. John Doe, a Medicaid recipient, and the State appeal the trial court's decision allowing the State to partially recover the amount of its lien against Doe's settlement with a third party. The trial court calculated the State's reimbursement pursuant to Arkansas Department of Health & Human Services v. Ahlborn, 547 U.S. 268, 126 S.Ct. 1752, 164 L.Ed.2d 459 (2006). We affirm in part, and reverse and remand...

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