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Arizona Health Care Cost Containment System v. Bentley5/2/1996
R.S. ยง 12-961 (1992) (emphasis added).
We believe that section 12-962 provides the State with a right to recover the costs of all medical care and treatment that it was required by law to provide. The Arizona Legislature enacted this statute to provide "state agencies like AHCCCS a variety of methods to seek reimbursement." See Yakel, 97 Bankr. at 581 (dictum). Given the context, we believe the Legislature intended the term "medical care and treatment" to encompass at least those services that the State is required by law to provide.
A.R.S. section 36-2939(A) requires AHCCCS to provide nursing facility services to "those determined to need institutional services." Thus, if AHCCCS was required to provide the nursing services, then pursuant to section 12-962, AHCCCS may seek reimbursement for the services it provided.
While the record fails to disclose the necessary detail to determine whether all costs may be recovered, at least some appear to be recoverable. On remand the parties may present evidence as to whether the costs constitute reimbursable medical care.
Another issue remains to be considered on remand. Because of its decision that AHCCCS could not recover, the superior court did not decide whether AHCCCS should be required to compromise its claim pursuant to A.R.S. section 36-2915(I) and (J), and, if so, what the amount of the compromise should be. AHCCCS states that it made an attempt to compromise, but that Bentley's representatives refused to agree to the offered amount. It argues that no further compromise should be required. On remand, the court should consider AHCCCS's effort to compromise the claim as one of the several factors contemplated by the statute.
For the reasons explained in this opinion, we conclude that the superior court erred in holding that A.R.S. section 12-962(B)(3) provides AHCCCS with no basis for recovery in this case. We reverse the judgment denying relief under this statute and remand for further proceedings consistent with this opinion. Because AHCCCS may be entitled to recover some or all of its claim after further proceedings are held, we also reverse the superior court's award of attorneys' fees made to Bentley as the prevailing party.
Jefferson L. Lankford, Judge
Concurring
Noel Fidel, Presiding Judge
James B. Sult, Judge
Page 1 2 3 4 Arizona Personal Injury Attorneys
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