Delano Grey Bear v. North Dakota Department of Human Services

Summary

The Supreme Court of North Dakota held that a Medicaid recipient's statutory assignment under N.D.C.C. § 50-24.1-02.1 gave the Department of Human Services the right to recover from the entire third-party settlement, including amounts designated for pain and suffering, subject to the amount of Medicaid expenditures. The court upheld the Department's recoupment judgment and the award of attorney's fees and costs. It reversed the judgment against Robert V. Bolinske because the trial court lacked personal jurisdiction over him in the absence of service or a voluntary general appearance.

Holdings

1. The statutory assignment gives the Department the right to recover any third-party settlement received by Grey Bear, including amounts designated for pain and suffering, but the Department's recovery is limited to the amount of Medicaid funds expended for Grey Bear's care and treatment.
2. The Department was authorized to refuse to pursue a separate malpractice claim and instead recover its Medicaid expenditures from the third-party settlement received by Grey Bear.
3. The trial court did not abuse its discretion by denying Grey Bear's requests for a hearing and motion to amend the judgment concerning costs.
4. The trial court did not abuse its discretion by awarding a 20 percent attorney-fee deduction.
5. The trial court lacked personal jurisdiction over Bolinske because he was not served with a summons and his limited participation did not constitute a voluntary general appearance on his own behalf.

Questions Presented

1. Whether N.D.C.C. § 50-24.1-02.1 assigned to the Department the right to recover the entire third-party settlement, including amounts designated for pain and suffering, subject to the amount of Medicaid expenditures.
2. Whether the Department could recover the settlement directly from Grey Bear rather than pursue a separate claim against the third-party tortfeasor or insurer.
3. Whether the trial court abused its discretion by denying Grey Bear's motions and requests for a hearing concerning costs associated with obtaining the settlement.
4. Whether the trial court abused its discretion in awarding a 20 percent attorney-fee deduction from the settlement.
5. Whether the trial court had personal jurisdiction over Bolinske when he was not served with a summons and did not make a voluntary general appearance on his own behalf.

Disposition

other