The 2023 Florida Statutes (including Special Session C)
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. . . permit the ALJ to ignore a statute that explicitly grants DOAH jurisdiction over a dispute-like section 409.910 . . . Dudek "substantially undermines the superficially available administrative remedy" in section 409.910 . . . (holding that section 409.910, Florida Statutes, is preempted by the federal Medicaid Act insofar as . . .
. . . I disagree that they may contest the calculation of medical expenses payable to the agency under § 409.910 . . . The text of § 409.910(17)(b) clearly limits who may contest § 409.910(11)(f) -calculated amounts: "A . . . Section 409.910(11)(f), for instance, speaks of the Medicaid recovery formula related to third-party . . . Later in § 409.910(17)(a), the statute again distinguishes a recipient from a recipient's representative . . . Only in the next paragraph, § 409.910(17)(b), do we see the Legislature addressing "a recipient" alone . . . question of whether a legal representative qualifies as "recipient" in the 2016 version of section 409.910 . . . against any claim in which a third party is liable for the amount of medical assistance it provided. § 409.910 . . . Division of Administrative Hearings to contest the amount of AHCA's Medicaid lien pursuant to section 409.910 . . . Section 409.910(17)(b) states that only a "recipient" may contest AHCA's Medicaid lien. . . . person who received medical assistance under the Florida Medicaid program for the purposes of section 409.910 . . .
. . . Using the formula outlined in section 409.910(11)(f), Florida Statutes (2015), AHCA calculated the presumptively . . . Section 409.910(17)(b) authorizes Medicaid recipients to contest the amount of a Medicaid lien at a hearing . . . than the amount calculated by the agency pursuant to the formula set forth in paragraph (11)(f)." § 409.910 . . . allocated as reimbursement for past and future medical expenses," Giraldo , 208 So.3d at 249 (quoting § 409.910 . . .
. . . . § 409.910(1). . . . Stat. § 409.910(6)(c). . . . Id. § 409.910(6)(c)(1). . . . Id. § 409.910(11)(f). . . . Stat. § 409.910(17)(b). . . .
. . . See § 409.910(5), Fla. Stat. (2016). . . . . § 409.910(6)(c), Fla. Stat. (2016). . . . See § 409.910(11)(f) 4., Fla. Stat. (2016). . . . See § 409.910(13), Fla. Stat. (2016). . . . See §§ 409.901(28) & 409.910(7), Fla. . . .
. . . See id. § 409.910(ll)(f)(l) (awarding AHCA “one-half of the remaining recovery” after accounting for . . . Id. § 409.910(ll)(f)(2). . . . Id. § 409.910(17)(b). . . . As required by Florida law, see § 409.910 (ll)(a), AHCA was notified of that lawsuit and, in turn, it . . . In its'current form, § 409.910, Fla. . . .
. . . Procedural History of the Medicaid Lien Section 409.910(6)(c), Florida Statutes (2015), imposes a lien . . . Agency for Health Care Admin., 190 So.3d 139, 142 (Fla. 3d DCA 2016) (citing § 409.910(11)(e), (f)), . . . Willoughby, to rebut the presumption yielded by the formula. § 409.910(17)(b); see also Garcon v. . . . More to the point, section 409.910(17)(b) specifically states that the recipient must demónstrate that . . . See Davis, 130 So.3d at 270; see also § 409.910(17)(b). . . .
. . . See § 409.910(6)(a), (b), Fla. . . . See § 409.910(ll)(f)l, Fla. . . . See § 409.910(17)(b), Fla. . . . (17)(b) to avoid application of the statutory formula contained in section 409.910(1l)(f). . . . (17)(b) challenge to the application of the statutory formula provided in section 409.910(ll)(f). . . .
. . . At issue is whether the trial court erred by applying section 409.910(1l)(f), Florida Statutes (2014) . . . We hold that section 409.910(ll)(f) of Florida’s Medicaid Third-Party Liability Act (the “Florida Medicaid . . . The Estate moved for equitable distribution to reduce the Medicaid lien, arguing that section 409.910 . . . (ll)(f), and to contest AHCA’s entitlement to the full amount of the lien pursuant to section 409.910 . . . In its order, the court ruled that the formula under section 409.910(ll)(f) applied in wrongful death . . .
. . . See § 409.910(6)(c), Fla. Stat. “Collateral” includes wrongful death settlements. . . . See §§ 409.910(6)(c) & 409.901(7)(b), Fla. Stat. (2012). . . . See § 409.910(ll)(f). The Estate disagreed. . . . It is also limited by a statutory formula. § 409.910(ll)(f), Fla. Stat. . . . See § 409.910(1) & (6), Fla. Stat. For example, in Strafford v. . . .
. . . The Appellant, pursuant to section 409.910, Florida Statutes, filed a petition to determine the proper . . . See § 409.910(17)(b), Fla. . . . LAW AND ANALYSIS Section 409.910, Florida Statutes, provides that if a Medicaid beneficiary receives . . . However, in compliance with Wos, the Florida Legislature passed section 409.910(17)(b), which providés . . . In this caSe, the formula in section 409.910(11)(f) results in an amount greater than the total Medicaid . . .
. . . See § 409.910(6), Fla. Stat. . . . “contest[ing] the amount designated as recovered medical expense damages payable to the agency.” § 409.910 . . . See § 409.910(ll)(h), Fla. Stat. . . . of an “exclusive method for challenging the amount of third-party benefits payable to the agency.” § 409.910 . . . Section 409.910(6) provides, in pertinent part: (a) The agency is automatically subrogated to any rights . . .
. . . We agree with the circuit court’s application of section 409.910(17)(b), Florida Statutes (2013), and . . . See § 409.910(17)(b). . . . -She contends that the amendment to section 409.910(17)(b) is a substantive change in the law and that . . . Section 409.910 states: If benefits of a liable third party are discovered or become available after . . . Medicaid is to be repaid in full from, and to the extent of, any third-party benefits. § 409.910(1) ( . . .
. . . petition to determine the amount of the Medicaid lien, specifically arguing that the formula in section 409.910 . . . Roberts, 130 So.3d 264, 269 (Fla. 5th DCA 2013) (holding that statutory formula in section 409.910(ll . . . As the Fifth District recently noted, “Ahlbom and Wos make clear that section 409.910(ll)(f) is preempted . . . Because section 409.910 was substantially amended, effective July 1, 2013, to provide a mechanism for . . . the hearings envisioned by Wos to challenge the presumptive lien amount, see § 409.910(17)(b)-(e), Fla . . .
. . . minor, appeal the trial court’s order, which determined, pursuant to the formula outlined in section 409.910 . . . Appellants argue that section 409.910 is unenforceable to the extent it allows AHCA to recover more than . . . to limit repayment of the lien and was, instead, required to apply the formula set forth in section 409.910 . . . To comply with federal directives the Florida legislature enacted section 409.910, Florida Statutes, . . . Thus, section 409.910 controlled and required repayment of AHCA’s full lien amount. . . .
. . . allocation formula asserted by appellee, rather than on the default allocation provision of section 409.910 . . .
. . . The trial court found that section 409.910(ll)(f) was not preempted by the Federal Medicaid law, citing . . . Johnson, — U.S. -, 133 S.Ct. 1391, 185 L.Ed.2d 471 (2013), and this court applied Wos to section 409.910 . . . In Riley, this court held that the statutory allocation in section 409.910(ll)(f) should be treated as . . . We note that section 409.910 has been substantially amended since the trial court entered its order in . . . See § 409.910(17)(b), Fla. . . .
. . . AHCA maintained that under Florida’s Medicaid Third-Party Liability Act, specifically section 409.910 . . . In its memorandum of law, AHCA modified its position and it now argues that section 409.910 should be . . . In effect, section 409.910(1 l)(f) creates a presumption that the amount AHCA is entitled to receive . . . to support this argument, i.e., section 409.910(17). . . . , including the addition of provisions in section 409.910(17) for an administrative mechanism whereby . . .
. . . Based on the formula set forth in section 409.910(ll)(f), the trial court ordered that AHCA was entitled . . . See § 409.910, Fla. Stat. (2010). . . . .” § 409.910(1), Fla. Stat. . . . However, section 409.910(ll)(f), the section which is at the heart of this appeal, further limits the . . . See § 409.910(7)(b)(2), Fla. Stat. . . . . There, the court held that “section 409.910(l)(ll)(f) is not federally pre-empt-ed and is ... fully effective . . .
. . . This decision was, again undisput-edly, in complete accordance with section 409.910(1), (ll)(f), Florida . . . Statutes, which provides: 409.910 Responsibility for payments on behalf of Medicaid-eligible persons . . . Like every Florida authority which has considered the precise issue, we hold that section 409.910(1)( . . .
. . . . § 409.910(1), (4), (6)(a); Ga.Code Ann. § 49-4-149(d); Haw.Rev.Stat. . . .
. . . On the other, Section 409.910(6), Florida Statutes, ensures that Florida’s Medicaid program “automatically . . . Under Section 409.910(13), Florida Statutes, no action of a Medicaid recipient can prejudice the reimbursement . . .
. . . Florida’s Medicaid Third-Party Liability Act, § 409.910, Florida Statutes (2006), provides the statutory . . . Section 409.910(6) provides that an application for Medicaid or the acceptance of Medicaid assistance . . . Section 409.910(ll)(f) sets forth the rule governing the distribution of amounts recovered by or on behalf . . . (l), and that “[t]he remaining amount of the recovery shall be paid to the [Medicaid] recipient,” § 409.910 . . . recovered in the settlement, AHCA is entitled to full satisfaction of its lien pursuant to section 409.910 . . .
. . . Florida’s Medicaid Third-Party Liability Act, section 409.910, Florida Statutes (2007), authorizes the . . . us, Medicaid could have recovered up to $707,778.00 in medical expenses using the formula in section 409.910 . . . Because the State’s Medicaid lien in this case totaled far less than this statutory cap, section 409.910 . . . Without that showing, the trial court properly applied section 409.910, Florida Statutes, and allowed . . . . § 409.910(1), (5), (6), Fla. . . . Ahlborn, 547 U.S. 268, 126 S.Ct. 1752, 164 L.Ed.2d 459 (2006) does not govern Section 409.910, Florida . . . This is the agency tasked with enforcing the Medicaid Third-Party Liability Act, section 409.910, Florida . . .
. . . This earlier action was initiated by the State under the Medicaid Third-Party Liability Act, section 409.910 . . .
. . . . § 409.910(4) (empowering state health agency to seek recovery from liable third parties of funds owed . . .
. . . for the full amount of the medical expenses paid on behalf of Alexander Ross, as provided by Section 409.910 . . . We note that pursuant to Section 409.910(1 l)(f)(l), Florida Statutes (2002), Medicaid is to be fully . . .
. . . . § 409.910(6)(c), Fla. Stat. (1999). . . . See § 409.910, Fla. Stat. (1999); 42 U.S.C. § 1396a(a)(25) (2000); Agency for Health Care Admin, v. . . . settlement, but is to provide full recovery by the agency from any and all third-party benefits. § 409.910 . . . Stat. (1999). . § 409.910, Fla. Stat. (1999). . . . .
. . . full payment of the Medicaid lien due the State under the Medicaid Third-Party Liability Act, section 409.910 . . . that their apportionment scheme would trigger the statutory formula reduction contained in section 409.910 . . . The Florida Legislature clearly expressed its intent in enacting the Act in section 409.910(1). . . . Section 409.910(6) provides at least three ways by which the Agency can recover from a third party the . . . In fact, a mandatory distribution scheme is contained in section 409.910(ll)(f), which provides that . . .
. . . .; see § 409.910(1), Fla. Stat. (1992). Mr. Durie notified Medicaid that Mr. . . . Id. at 687, 690-91; see §§ 812.014(1), (2)(b); 409.910(17), Fla. Stat. (1992). . . .
. . . . § 1395; § 409.910, Fla. Stat. (2003); § 641.31(8), Fla. Stat. (2003). . . .
. . . . § 409.910 (West 1998) (responsibility for payments on behalf of Medicaid-eligible persons when other . . .
. . . Section 409.910, Florida Statutes, implements this mandate, specifying at subsection (4) that the state . . . Nevertheless, section -409.910(7) directs that after the appropriate state and federal costs are reimbursed . . . The appellant contends that the section 409.910(7)1 and 42 U.S.C. section 1396b(d)(3)(B) exclusions should . . . See § 409.910(6)(a) and (b)l, Fla. Stat. . . . See § 409.910(11), Fla. Stat. . . .
. . . . -§ 409.910(9) (West 1998) (developing aggregate procedures for recovery of medical expenses resulting . . .
. . . shall make payment to the Florida Agency for Health Care Administration the amount due under section 409.910 . . . See § 409.910(1), Fla.Stat. (1993). . . . shall make payment to the Florida Agency for Health Care Administration the amount due under section 409.910 . . .
. . . The sole issue in this case is whether the Medicaid lien due to the State under section 409.910(ll)(f . . . Florida has enacted the Medicaid Third-Party Liability Act, the intent of which is stated in section 409.910 . . . The actual distribution scheme for recovery of a Medicaid lien is set out in section 409.910(ll)(f), . . . AHCA’s recovery, attorney’s fees shall be calculated at 25% of the judgment, award, or settlement. § 409.910 . . . This principle of full recovery is set out at section 409.910(ll)(f)4.: “The agency shall be entitled . . .
. . . . § 409.910(9) (West 1998); Md.Code Ann., Health-Gen. I § 15-120 (West 1998); Vt. Stat. . . .
. . . Section 409.910(17) provides: Responsibility for payments on behalf of Medicaid-eligible persons when . . . Unfortunately for Durie, that is not what the jury found happened in this case. . §§ 812.014(1), (2)(b) and 409.910 . . . See section 409.910(17), Fla. . . . the clients been separately represented, it is doubtful this situation would have arisen. .Section 409.910 . . . Section 409.910(6)(b), Florida Statutes, provides that "[b]y applying for or accepting medical assistance . . .
. . . . § 409.910(1). . . .
. . . with the clerk of the court pursuant to the “Medicaid Third-Party Liability Act” (“FTPLA”), section 409.910 . . . Pursuant to section 409.910(6)(c)3, however, the mere filing of such claims with the clerk of court is . . . Section 409.910(1) provides in relevant part that: # * % % ^ ^ If benefits of a liable third party are . . . Both sections 409.910 and 733.702 require AHCA to file its verified claim of hen in order to place all . . . We further note that neither section 409.910 nor 733.702(1) requires personal service of the verified . . . section 732.102 or section 733.710 may be harmonized with and construed pari mate-ria with section 409.910 . . . See also § 409.910(a)(25)(I), Fla. Stat. . . . See 42 C.F.R. § 433.10; § 409.910, Fla. Stat. Medical providers are paid by AHCA. . . . See § 409.910, Fla. Stat. . . . See § 409.910(17), Fla. Stat. . . .
. . . In February 1995, the State entered into a contract for legal services pursuant to section 409.910(15 . . . Section 409.910(15)(b), Florida Statutes, permits the trial team to receive up to 30% of the recovery . . . percentage of the total dollars recovered and reimbursed to the Department as provided for in Section 409.910 . . . Section 409.910(15)(b), Florida Statutes (1995), provides: (15) The department is authorized to enter . . .
. . . Section 409.910(18), Florida Statutes (1995), provides that if an attorney obtains benefits from a third . . .
. . . Pursuant to section 409.910(15)(b), Florida Statutes, the State of Florida and others (the state) contracted . . . See § 409.910(6)(a), Fla. Stat. (Supp.1994); ch. 94-251, § 4, at 1880-81, Laws of Fla. . . . See § 409.910(9), Fla. Stat. (Supp.1994); ch. 94-251, § 4, at 1884, Laws of Fla. . . .
. . . See id. § 409.910(11). . . . Id. § 409.910(ll)(d). . . . Id. § 409.910(ll)(c). . . . Id. § 409.910(ll)(e). . . . Id. § 409.910(12). . . .
. . . Medicaid Third-Party Liability Act,” section 409.2665, Florida Statutes (Supp.1990) (renumbered as Section 409.910 . . .
. . . 1994 amendments, with those amendments identified by underlining or strike-through, read as follows: 409.910 . . . any third party, but shall not act to reduce the recovery of the agency pursuant to this section. § 409.910 . . . Stat. (1995). . § 409.910(9)(a), Fla. Stat. (1995). . § 409.910(12)(h), Fla. . . . . § 409.910(9), Fla. Stat. (1995). . § 409.910(1), (9)(b), Fla. Stat. (1995). . § 409.910(9), Fla. . . . Stat. (1995). . § 409.910(9), Fla. Stat. (1995). . § 409.910(1), Fla. Stat. (1995). . . . . Joinder of Claims and Liberal Construction Section 409.910(9), Florida Statutes (1995), reads in pertinent . . . To the extent that section 409.910(9) can be said to establish procedure for class actions, it clearly . . . Section 409.910(1), Florida Statutes (1995), provides that “[cjommon law theories of recovery shall be . . . Statistical Evidence Section 409.910(9), Florida Statutes (1995), also provides that “the issue of causation . . .
. . . June 5, 1991, presently §§409.901 and 409.910, Fla. . . . (Supp. 1990) was amended and renumbered §§409.901 and 409.910, Fla. . . . public treasury should not bear the burden of medical assistance to the extent of such resources. § 409.910 . . . Under § 409.910(6)(a), Fla. Stat. . . . SSA § 1912 (42 U.S.C. § 1396k); 42 C.F.R. §433.145-146; § 409.910(6)(b), Fla. . . .
. . . statutory recovery of all medical assistance provided by Medicaid on behalf of Maria Aguila pursuant § 409.910 . . . of Plaintiff and the Department to the proceeds of Plaintiff’s case against Defendants pursuant to §409.910 . . .