Summary
affirming a lower court's determination that "where an adult Medicaid recipient settles a personal injury action brought against a third party *** a Department of Social Services' lien for medical expenditures may be satisfied in full out of the proceeds of the settlement" not just the portion attributable to past medical expenses
Summary of this case from Nacino v. ChandlerOpinion
Argued March 11, 1999
December 13, 1999
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Leis, J.), dated December 26, 1997, as, upon remittitur from the Court of Appeals, to determine "whether the entire amount of the personal injury settlement or only that portion attributable to past medical expenses is available to satisfy the [Medicaid] lien" (Link v. Town of Smithtown, 90 N.Y.2d 296, 309-310 ), found that "where an adult Medicaid recipient settles a personal injury action brought against a third party * * * a Department of Social Services' lien for medical expenditures may be satisfied in full out of the proceeds of the settlement".
Black Black, Commack, N.Y. (Bronwyn M. Black of counsel), for appellant.
Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Paul G. Costello of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
A Medicaid lien pursuant to Social Services Law § 104-b on the proceeds of a settlement in a personal injury action must be satisfied before the funds may be transferred to a supplemental needs trust (see, Cricchio v. Pennisi, 90 N.Y.2d 296 ; Matter of Callahan, 254 A.D.2d 415, affd 93 N.Y.2d 11, cert denied U.S. 120 S.Ct. 323; Calvanese v. Calvanese, 250 A.D.2d 564, affd 93 N.Y.2d 111 ;Reccardi v. County of Suffolk, 250 A.D.2d 584 ).
BRACKEN, J.P., SULLIVAN, FRIEDMANN, and FLORIO, JJ., concur.