Shaffer-Doan v. Department of Public Welfare

In Shaffer-Doan v. Department of Public Welfare, 960 A.2d 500 (Pa. Cmwlth. 2008), the Court concluded that the Department is permitted to pursue a claim for MA benefits paid during a child's minority, even if the parents have either failed to bring a claim, or if their claim is time-barred: We conclude that a minor is not prevented from seeking medical expenses incurred while he is a minor, so as to enable the Department to recover its lien for monies it has expended, as long as such a claim is not duplicated by the parents. . . . . . . We find that as minors are the intended beneficiaries of MA, these provisions of FACA afford the Department a means to recover from third-party tortfeasors the amount the Department provided. Shaffer-Doan, 960 A.2d at 516-17 In Shaffer-Doan, the Court provided a thorough analysis of not only the evolution of the law regarding the rights of minors to sue for medical costs, but also the impact of FACA on the development of the law. The Court concluded as follows: FACA's provisions go to great length to ensure that DPW has a place at the settlement table and, if necessary, the trial table, in cases for which it has paid MA benefits. By providing DPW the opportunity to be involved in negotiations, the statutory language affords DPW the means to ensure that any settlements have a specific line item for DPW's claims or lien. Such a system serves the dual function of protecting the Commonwealth's taxpayers by allowing DPW to be compensated from the actual tortfeasors, while not detracting from the minor's recovery. This opportunity that the General Assembly statutorily afforded DPW cannot be taken away by improper notice nor by antiquated notions of dual recovery. Accordingly, given the facts presented to us in this declaratory judgment, we conclude that a minor is not prevented from seeking medical expenses incurred while he is a minor, so as to enable DPW to recover its lien for monies it has expended, as long as such a claim is not duplicated by the parents. Shaffer-Doan, 2008 Pa. Commw..