505 N.E.2d 1003 | Ohio Ct. App. | 1986
This cause came on to be heard upon an appeal from the Court of Common Pleas of Hamilton County.
Pursuant to the granting of a motion for leave to intervene in the trial court action for medical malpractice, the Ohio Department of Human Services filed a complaint against appellees and a cross-claim against plaintiff Holaday. The department sought reimbursement for payments for medical services rendered to Holaday. A motion for summary judgment was thereafter filed by appellees, on the claim of the department, which the trial court granted. Appellant has timely appealed.
Appellant's single assignment of error alleges error in granting the motion for summary judgment and sets forth thereunder three arguments:
"1. Consideration of Medicaid benefits as a collateral source to reduce an award in a medical claim pursuant to O.R.C. Section
"2. The Department of Human Services is not an indemnitor of the recipients *348
of Medicaid benefits, excluding the department from consideration of the language in O.R.C. §
"O.R.C. §
R.C.
"Except as provided in section
R.C.
Appellant further argues that the department is subrogated to the recipient of department Medicaid benefits under R.C.
At the outset, we recognize that appellant's equal protection argument has arguable facial validity. In this vein we note that the Kansas Supreme Court in Wentling v. Medical AnesthesiaServices (1985),
Appellant's second argument, alleging that R.C.
Appellant's third and final argument, postulating that R.C.
"If a general provision conflicts with a special or local provision, they shall be construed, if possible, so that effect is given to both. If the conflict between the provisions is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevail."
We must agree with the trial court that R.C.
Judgment affirmed.
SHANNON, P.J., DOAN and KLUSMEIER, JJ., concur.
"The acceptance of aid pursuant to sections
"Prior to initiating any recovery action, the recipient or his representative shall disclose the identity of any third party against whom the recipient has or may have a right of recovery. Disclosure shall be made to the department of public welfare when medical expenses have been paid pursuant to sections
"Subrogation does not apply to that portion of any judgment, award, settlement, or compromise of a claim, to the extent of attorneys' fees, costs, or other expenses incurred by a recipient in securing the judgment, award, settlement, or compromise, or to the extent of medical, surgical, and hospital expenses paid by such recipient from his own resources. Attorney fees and costs of other expenses in securing any recovery shall not be assessed against any subrogated claims of the departments.
"To enforce their subrogation rights the departments may do any of the following:
"(A) Intervene or join in any action or proceeding brought by the recipient or on his behalf against any third party who may be liable for the cost of medical services and care arising out of the recipient's injury, disease, or disability;
"(B) Institute and pursue legal proceedings against any third party who may be liable for the cost of medical services and care arising out of the recipient's injury, disease, or disability;
"(C) Initiate legal proceedings in conjunction with the injured, diseased, or disabled recipient or his legal representative.
"Subrogation rights created by this section may be enforced separately or jointly by the department of public welfare and the county welfare department.
"The right of subrogation given to the department under this section does not include rights to support from any other person assigned to the state under sections