Today, the United States Court of Appeals for the Sixth Circuit heard oral arguments in the appeal of Hadden v. United States, which involves questions of how much reimbursement Medicare can receive from tort/personal injury settlements.  The Eleventh Circuit in Bradley v. Sebelius recently decided the issue against Medicare, as we reported earlier.
Now, it is the Sixth Circuit’s turn to decide whether Medicare is entitled to full subrogation or only a percentage recovery, and the court may have an opportunity to speak about whether the U.S. Supreme Court’s statements in Arkansas v Ahlborn regarding the scope of Medicaid reimbursements also apply to Medicare.  Further details on the Hadden case are reported in SSD’s Sixth Circuit blog.