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Utah residents have finally won a 15-year battle over unpaid Medicaid claims. State officials have agreed to pay $5.5 million to settle a class action lawsuit brought by a class of personal-injury victims who alleged they were shortchanged on medical expenses covered by the state’s Medicaid program.
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The class action lawsuit settlement is a welcome end to the 15-year case, which had been considered five times by the Utah Supreme Court before the settlement agreement was reached. But class members still have a while to wait before they see any money from the class action settlement. The settlement still needs to be approved by the Utah Legislature and governor before class members get paid. The Legislature already appropriated $2.3 million earlier this year to a fund for the plaintiffs, but claimants still have not received their checks yet, which were expected to arrive between April and July 1, 2010.
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The Medicaid Class Action Lawsuit Settlement covers two groups of class members. In order to qualify as a class member for either group, you must have repaid a Medicaid lien on a personal injury settlement after October 27, 1991 and have met all four of the following requirements:
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1. A lawyer helped you obtain money as a result of your injuries;
2. Your lawyer requested consent from the ORS to represent Medicaid’s claim for lien repayment;
3. The State received lien repayment through the efforts of your lawyer, on or after October 27, 1991; and
4. The State failed to reduce its lien on your settlement by the same % as the contingent fee you paid your own lawyer, subject to a 33% limit. If the reduction was less than that, you are owed the difference, plus interest.
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Group 1 class members include individuals who repaid their lien after September 15, 1995. The deadline to file a claim for Group 1 has passed (April 1, 2010). Group 2 class members, however, still have until September 1, 2010 to file a valid claim. Group 2 class members include individuals who repaid their lien between October 27, 1991 and September 15, 1995.
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To receive a refund on the Medicaid (ORS) Class Action Lawsuit Settlement, you must fill out this claim form and fax or postmark it by September 1, 2010. For more information visit http://medicaidclass.com.
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Updated August 6th, 2010
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