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Michael A. Pivonka et al. v. Maureen Corcoran, director of Ohio Department of Medicaid et al., Case No. 2019-0084
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Can a Medicaid recipient who resolved a personal-injury lawsuit file a lawsuit in common pleas court claiming the Ohio Department of Medicaid collected too much money to adequately reimburse the Medicaid program for paying the injured recipient's medical expenses?
- Must any lawsuit claiming the Ohio Department of Medicaid collected too much money to adequately reimburse the Medicaid program be filed in the Ohio Court of Claims?
- Does Ohio law require a Medicaid recipient to use an administrative appeals process to claim the department recouped too much money that a recipient might have been awarded from a personal-injury lawsuit?
- Can Medicaid recipients claiming the state collected too much money from them form a class under the rules for filing class-action lawsuits?
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Can a Medicaid recipient who resolved a personal-injury lawsuit file a lawsuit in common pleas court claiming the Ohio Department of Medicaid collected too much money to adequately reimburse the Medicaid program for paying the injured recipient's medical expenses?
- Must any lawsuit claiming the Ohio Department of Medicaid collected too much money to adequately reimburse the Medicaid program be filed in the Ohio Court of Claims?
- Does Ohio law require a Medicaid recipient to use an administrative appeals process to claim the department recouped too much money that a recipient might have been awarded from a personal-injury lawsuit?
- Can Medicaid recipients claiming the state collected too much money from them form a class under the rules for filing class-action lawsuits?
January 28, 2020