MICHAEL MOBLEY, BY AND THROUGH HIS FATHER ETC.
v.
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ETC.
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The Agency for Health Care Administration may lien only the past medical expenses portion of a Medicaid beneficiary's third-party tort recovery, not the full settlement amount.
[1] Federal law limits an agency's Medicaid lien recovery to the past medical expenses portion of a third-party tort recovery, not the entire settlement or judgment amount.
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Join FLexlaw to unlock all legal intelligence“federal law allows the Agency for Health Care Administration (AHCA) to lien only the past medical expenses portion of a Medicaid beneficiary's third-party tort recovery to satisfy its Medicaid lien”
Court stating the holding from Giraldo v. Agency for Health Care Administration
Michael Mobley, a Medicaid beneficiary, received a third-party tort recovery and the state's Agency for Health Care Administration sought to recover i…
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PER CURIAM.
This case is on remand from the Florida Supreme Court, which quashed our prior decision and directed reconsideration in view of its recent decision in Giraldo v. Agency for Health Care Administration, 248 So. 3d 53 (Fla. 2018).
In Giraldo, the Florida Supreme Court held that federal law allows the Agency for Health Care Administratiom (AHCA) to lien only the past medical expenses portion of a Medicaid beneficiary's third-party tort recovery to satisfy its Medicaid lien. Id. at 56.
Therefore, in accordance with the mandate from the supreme court, this cause is remanded to the Administrative Law Judge to reduce the awarded amount to $20,717.54 for satisfaction of AHCA's lien.
ROWE, RAY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Floyd B. Faglie of Staunton & Faglie, PL, Monticello, for Appellants. Alexander R. Boler, Tallahassee, for Appellee.