State Farm Mutual Automobile Insurance v. Jackson

Justice PLEICONES

dissenting:

As I understand Medicaid, a prerequisite to enrollment in the program is the assignment of third party medical benefits. In the case of minors such as Justin and Nikkia, the assignment is to be made by the individual with the legal authority to execute such an assignment on the minor’s behalf. I can find no statutory requirement that the assignment be written, as the majority suggests is necessary. Further, given that the assignment issue was not litigated below, it is not surprising that the record contains no evidence concerning compliance. I therefore respectfully dissent from the majority’s decision to affirm at this juncture, and would remand to allow this issue to be explored.

BURNETT, J., concurs.