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4767 REVIEW DENIED If a settlement is subject to a Department of Health Services lien for Medi-Cal benefits received by a minor plaintiff, but is approved without allocation of what part of the settlement is for medical payments, without reference to the lien, and without notifying the Department of the settlement, in subsequent proceedings the court is authorized to determine what portion of the settlement was for medical benefits and require payment of the lien accordingly; in such a proceeding, plaintiff has the burden of showing that the lien exceeds the amount of the settlement that was for medical benefits, and unless plaintiff fulfills that burden the court may order payment of the entire lien.CitationMcMILLIAN v STROUD (Medi-Cal Lien) 166 CA4 692 [See: 42 USC 1396 etseq; W&IC 14124.76; GovC 985; ProbC 3600 etseq; AK Dept of Health v Ahlborn 547 US 268; Garcia v County 103 CA4 67, T/AT 12/02; Espericueta v Shewry 164 CA4 615, T/AT 8/08]
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