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ESTATE OF ETHRIDGE v. RECOVERY MGMT SYSTEMS

No. 1 CA-CV 12-0740.

326 P.3d 297 (2014)

The ESTATE OF Deborah A. ETHRIDGE, an Arizona probate estate, by and through its Co-Personal Representatives, Tamika Pradia and Keyana King; Tamika Pradia and Keyana King, in their individual capacities and as statutory beneficiaries of the Estate of Deborah Ethridge, Plaintiffs/Appellees, v. RECOVERY MANAGEMENT SYSTEMS, INC., an Arizona corporation authorized to do and doing business in Maricopa County, Arizona; Southwest Catholic Health Network Corporation, an Arizona corporation authorized to do and doing business in Maricopa County, Arizona by, through, and under the name of Mercy Care Plan and Mercy Care Advantage, Arizona businesses, Defendants/Appellants.

Court of Appeals of Arizona, Division 1.

May 13, 2014.

Attorney(s) appearing for the Case

Knapp & Roberts, PC By Craig A. Knapp , David L. Abney , Scottsdale, for Plaintiffs/Appellees.

Gibson Dunn & Crutcher, LLP By Miguel A. Estrada , Robert E. Johnson , Washington, D.C., Fennemore Craig, PC By Jill M. Covington , Scott L. Altes , Theresa Dwyer-Federhar , Phoenix, for Defendants/Appellants.

OPINION

NORRIS, Judge.

¶ 1 In this opinion, we hold Part C of the Medicare Act and its associated regulations preempt Arizona's anti-subrogation doctrine and, therefore, a Medicare Advantage plan may seek reimbursement for medical expenses it paid for one of its enrollees from the settlement of claims that sought compensation for those expenses on behalf of the enrollee. Accordingly, we reverse the judgment of the superior court and remand for further...

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