The question the Supreme Court will answer in Delia v. E.M.A. is whether Medicaid preempts a North Carolina allowing the state to recover one-third of a Medicaid recipient’s tort settlement. This case matters to local government because local government has an interest in the sustainability of the Medicaid system, and in about half of the states, counties pay for at least part of the Medicaid costs of someone injured by the fault of another person. ICMA and all of the Big Seven signed onto the State and Local Legal Center’s (SLLC) amicus brief that argues Medicaid does not preempt North Carolina’s law. Oral argument will be heard in this case on January 8, 2013. The Supreme Court will issue an opinion in this case by June 30, 2013.

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