United States Fifth Circuit

In a suit by a hospital seeking to recover fees for emergency medical care rendered to the victim of a car accident, summary judgment for plaintiff-hospital is affirmed where a hospital that is required by law to provide emergency medical care to an uninsured patient, who later becomes eligible for Medicaid, may seek to collect payment for the patient's medical bills by enforcing a lien against a settlement the patient recovered from a third-party tortfeasor rather than billing Medicaid.

Appellate Information

• Decided 10/23/2008
• Published 10/23/2008

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and BARKSDALE and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• William C. Kaufman, III (argued), Seale, Smith, Zuber & Barnette, Baton Rouge, LA, for Baton Rouge General Medical Ctr., Neal Risley Elliott, Jr., Dept. of Health & Hospitals for State of LA, Baton Rouge, LA, for Amicus Curiae.


• For Appellees:
  
• Russell Stanley Post (argued), Constance H. Pfeiffer, Beck, Redden & Secrest, Houston, TX, James Parkerson Roy, Domengeaux, Wright, Roy & Edwards, Lafayette, LA, for Intervenor Defendants-Appellants.