outline two methods for dealing with thirdparty liability: “cost avoidance” and “pay and recover later.” 42 C.F.R. § 433.139(a)(2) (2005). When the probable liability of a third party is established at the time a claim is filed, the state Medicaid agency is required to practice cost avoidance by rejecting the claim and returning it to the provider for a determination of the amount of third-party liability. See 42 C.F.R. § 433.139(b) (2005). When, on the other hand, probable thirdparty liability is established or other benefits become available after the claim is filed, the state Medicaid agency is required to use the pay and recover later method, see 42 C.F.R. § 433.139(c) (2005), also known as “pay and chase,” Atlanticare Med. Center v. Com’r of Div., 785 N.E.2d 346, 353 (Mass. 2003) (<HOLDING>). When a state Medicaid agency is obligated to
holding that a state is not a person under 42 usc  1983 holding that the court does not examine legislative history when the statutes text and context are not subject to more than one plausible reading holding that 42 usc  1396aa13a which requires states to make reasonable reimbursement to providers was enforceable by the providers pursuant to section 1983 holding that neither the language nor the legislative history of the fcpa indicates the congressional intent to create a private right of action holding that natural reading of 42 usc  1396a25b and legislative history demonstrate congressional intent that state medicaid agencies seek reimbursement from liable third parties rather than providers