Made Whole Doctrine and Medicaid

The Mississippi Court of Appeals issued Medicaid v. Pittman Tuesday located here.  The issue in the case was whether the made whole doctrine prevented Medicaid from asserting a lien for damages in a minor settlement.  The trial court applied the made whole doctrine and ruled that Medicaid could not assert a lien.  The Court of Appeals reversed and remanded stating that Medicaid was statutory and as such, the made whole doctrine did not apply.  The case ruled that contractual liens are the only ones subject to the made whole doctrine.  The opinion is worth a read and can make a big difference on the bottom line in settlements.