Florida Legal Topics

Daytona Beach Legal News - Medicaid

The Law Office of Paul Bernardini

Medicaid Lien

Section 409.910, Fla. Stat., is unenforceable to the extent that it allows the state to recover through its Medicaid lien more then what the plaintiff's settlement allocated for past medical expenses. Davis v. Roberts, 39 FLW D1 (Fla. 5th DCA 12-20-2013).

Medicaid Lien - Settlement

If you have a lawyer and you have a Medicaid lien, be certain your lawyer is aware of this recent case.

In the case of Davis v. Roberts, 39 FLW D1 (5th DCA Opinion Filed December 20, 2013), the Fifth District held that when there was a Medicaid lien regarding a personal injury settlement, the person receiving Medicaid benefits should be afforded the opportunity to seek the reduction of a Medicaid lien amount by demonstrating, with evidence, that the lien amount established by statute exceeded the amount recovered for medical expenses. See Davis v. Macfarlane, 39 FLW D1, 5th DCA, Opinion filed December 20, 2013.

Torts - Settlement - Medicaid Lien

A plaintiff should have been afforded an opportunity to seek reduction of a Medicaid lien by demonstrating, with evidence, that the lien amount claimed exceeds the lien amount recovered for medical expenses. This is a very important case for all claimants who receive Medicaid. Agency for Healthcare Administration v. Dorothy Riley, Second DCA Florida, August 14, 2013 (38 FLW D1722).