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Nacino v. Koller6/30/2003
. Moreover, he paid nothing in order to receive such benefits. Since his medical assistance benefits were paid for by the federal and state taxpayers, Congress and the legislature clearly had a significant interest in ensuring that the public fisc be reimbursed if [Petitioner] were able to collect damages from a third party for the injuries that led to [Petitioner's] need for medical assistance benefits from DHS.
ICA opinion at 10.
Moreover, the assignment of rights appears to track the language of HRS § 346-37, as it allows the State to recover money only "up to the amount of assistance granted." It is questionable whether voiding the assignment of rights contract would have any impact upon the State's right to collect pursuant to HRS § 346-37, inasmuch as the statute must be deemed to be controlling.
VII.
With the foregoing clarification, we affirm the ICA's September 11, 2002 opinion.
* FOR PUBLICATION *
DISSENTING OPINION BY MOON, C.J., IN WHICH NAKAYAMA, J., JOINS
I respectfully dissent. In the present case, the majority notes that " t is arguable that the [Intermediate Court of Appeals (ICA)] erred" in its interpretation of Peters v. Weatherwax, 69 Haw. 21, 731 P.2d 157 (1987). Majority Opinion at 10. Nevertheless, the majority concludes that "any error in this regard is harmless under the particular circumstances of this case" and goes on the interpret Hawaii Revised Statutes (HRS) § 346-37 (Supp. 1997) in a manner consistent with bothPeters and the ICA's disposition in the present case. Majority Opinion at 11-17. Therefore, unlike State v. Hanson, 97 Hawaii 71, 73, 34 P.3d 1, 3 (2001) and Korsak v. Hawaii Permanente Medical Group, 94 Hawaii 297, 300, 12 P.3d 1238 (2000), the present case does not contain grave errors or obvious inconsistencies dictating the need for any clarification by this court. See HRS § 602-59 (1993). Accordingly, I would dismiss certiorari as improvidently granted.
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