This Comment will first present a brief legal background of the Medicaid program, and specifically its presence in North Carolina. It will then explore the federal statutes which broadly govern Medicaid recovery from third parties, as well the North Carolina Medicaid statutes which specifically govern this area of recovery. It will explore the two decisions, Ezell and Ahlborn, which have clouded this area in North Carolina. Following that explanation, the aforementioned hypothetical will be revisited and taken through both the North Carolina and United States Supreme Court's analytical models. Finally, suggestions for both statutory and judicial resolutions of this issue will be presented. As the legal world of Medicaid is extensive, the scope of this Comment will necessarily be limited to Medicaid's recovery from liable third parties.
Allen N. Trask III, Orders from on High: The Current Struggle over Medicaid Third Party Recovery Between North Carolina and the Supreme Court of the United States, 30 Campbell L. Rev. 471 (2008).