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Martin v. City of Rochester8/15/2000
by money paid to qualified individuals for health care purposes may be recovered and reused to help other similarly situated persons").
II.
Respondent asks this court to strike a portion of appellant's appendix. The challenged materials consist of: (1) the testimony of Mike Hash, Deputy Administrator for HCFA, before the Senate Appropriations Subcommittee on Labor, HHS, Education, and related agencies dated March 15, 1999; (2) a pamphlet titled "Third Party Liability in the Medicaid Program," a guide to successful state-agency practices; and (3) the State Medicaid Manual. This information consists only of general information concerning Minnesota's medical-assistance program and is a matter of public record.
[There is] no reason why a party may not submit such a report to us as part of its brief when we could refer to such a report in the course of our own research, if we were so inclined. See id. at 771 (denying motion to strike report consisting of general information about state medical assistance finding it matter of public record).
Accordingly, respondent's motion to strike that portion of appellant's appendix is denied.
DECISION
Minnesota's medical-assistance-lien statute is not in conflict with federal law. The third-party tort settlement is subject to a state subrogation claim for medical assistance that has been paid. Under state law, the subrogation claim may be protected by a lien.
Reversed.
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