Leon FL Administrative law, Appeals and Health insurance Law -- eLawyers

Alexander R. Boler

Visitors: 118

Bar #111374(FL) License for 11 years

Tallahassee FL

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Florida Laws: 106.28, 120.56, 120.569, 120.57, 120.595, 120.68, 125.72, 130.05, 14.28, 17.54, 409.901, 409.902, 409.908, 409.910, 409.9101, 409.911, 409.913, 414.39, 440.39, 46.021, 520.50, 549.10, 552.44, 559.01, 606.03, 624.155, 627.428, 627.727, 641.59, 660.42, 663.18, 682.12, 694.15, 7.53, 733.612, 766.118, 766.303, 766.316, 768.14, 768.21, 768.28, 768.81, 812.014, 90.202, 90.302, 90.304, 90.702, 90.703, 90.704, 910.10, 950.01

19-006423MTR JONATHAN CRUZ vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2019

The issues for determination are, first, whether a lesser portion of Petitioner’s total recovery from a third-party tortfeasor should be designated as recovered medical expenses than the share presumed by statute; if so, then the amount of Petitioner’s recovery to which Respondent’s Medicaid lien may attach must be determined.Petitioner established evidentiary grounds for a proportional reduction of the portion of his settlement to which the Medicaid lien may attach, thereby limiting Respondent's recovery to 5% of the medical assistance provided.

19-006863MTR DEE ANN BARNES vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Dec. 30, 2019

The issue to be determined is the amount Respondent, Agency for Health Care Administration (“AHCA”), is to be reimbursed for medical expenses paid on behalf of Dee Ann Barnes (“Ms. Barnes”), pursuant to section 409.910, Florida Statutes (2019).1The Petitioner failed to demonstrate by a preponderance of the evidence that AHCA's Medicaid lien should be reduced.

19-005547MTR SHATAYSHIA BRINSON, A MINOR, BY AND THROUGH HER PARENTS AND NATURAL GUARDIANS, JENCEY S. BRINSON AND FREDDIE BRINSON, JR. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Oct. 16, 2019

The issues are whether, pursuant to section 409.910(17)(b), Florida Statutes (17b), Petitioner1 has proved that Respondent's recovery, under section 409.910(11)(f) (11f), of $685,615 in medical assistance expenditures2 from $10.4 million in proceeds from the settlement of a personal injury action must be reduced to avoid conflict with 42 U.S.C. § 1396p(a)(1) (Anti-Lien Statute)3 ; and, if so, what is the maximum allowable amount of Respondent's recovery.Pet proved that its putative true value of its personal injury act did not exceed its actual true value, so Anti-Lien Stat limits Resp's recovery of Med'd pymts from the sttlmt proceeds is ltd to the same 26% that Pet obt'd of the true value of its case

18-0621 Frederick E. Melvin v. Florida Department of Corrections (2019)

District Court of Appeal of Florida Filed: Apr. 08, 2019

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-621 _ FREDERICK E. MELVIN, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee. _ On appeal from the Circuit Court for Leon County. Charles W. Dodson, Judge. April 8, 2019 PER CURIAM. AFFIRMED. WOLF, WINOKUR, and JAY, JJ., concur. _ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _ Frederick E. Melvin, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee; Kenneth S. St..

18-1377 EDWARD KING v. STATE OF FLORIDA (2019)

District Court of Appeal of Florida Filed: Mar. 15, 2019

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT EDWARD KING, ) ) Appellant, ) ) v. ) Case No. 2D18-1377 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed March 15, 2019. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Highlands County; Peter F. Estrada, Judge. Edward King, pro se. Ashley Moody, Attorney General, Tallahassee, for Appellee. PER CURIAM. Affirmed. CASANUEVA, KHOUZAM,..

18-1572 Jamail D. Ziegler v. State of Florida (2018)

District Court of Appeal of Florida Filed: Jun. 27, 2018

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-1572 _ JAMAIL D. ZIEGLER, Petitioner, v. STATE OF FLORIDA, Respondent. _ Petition for Writ of Habeas Corpus—Original Jurisdiction. June 27, 2018 PER CURIAM. The petition for writ of habeas corpus is denied on the merits. WETHERELL, ROWE, and WINOKUR, JJ., concur. _ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _ Jamail D. Ziegler, pro se, Petitioner. Pamela Jo Bondi, Attorney Genera..

17-1081 Fair Insurance Rates In Monroe, Inc. v. Office of Insurance Regulation (2018)

District Court of Appeal of Florida Filed: Apr. 30, 2018

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-1081 _ FAIR INSURANCE RATES IN MONROE, INC., Appellant, v. OFFICE OF INSURANCE REGULATION and CITIZENS PROPERTY INSURANCE CORPORATION, Appellees. _ On appeal from the Office of Insurance Regulation. David Altmaier, Commissioner. April 30, 2018 B.L. THOMAS, C.J. Appellant, Fair Insurance Rates in Monroe, Inc., appeals a final order from the Office of Insurance Regulation (OIR) denying its request for a formal administrative hearing regardi..

16-0618 International Association of Firefighters etc. v. State of Florida (2017)

District Court of Appeal of Florida Filed: Jun. 05, 2017

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA INTERNATIONAL NOT FINAL UNTIL TIME EXPIRES TO ASSOCIATION OF FILE MOTION FOR REHEARING AND FIREFIGHTERS LOCAL S-20, DISPOSITION THEREOF IF FILED FLORIDA STATE FIRE SERVICE ASSOCIATION, CASE NO. 1D16-0618 Appellant, v. STATE OF FLORIDA, Appellee. _/ Opinion filed June 6, 2017. An appeal from the Public Employees Relations Commission. Tobe Lev and Richard Siwica of Egan, Lev & Siwica, P.A., Orlando, for Appellant. Richard A. Sicking a..

16-4696 Samuel White v. Julie L. Jones, Secretary, etc. (2016)

District Court of Appeal of Florida Filed: Dec. 05, 2016

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SAMUEL WHITE, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED v. CASE NO. 1D16-4696 JULIE L. JONES, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. _/ Opinion filed December 6, 2016. Petition for Writ of Habeas Corpus - Original Jurisdiction. Samuel White, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee; Kenneth S. Steely, General Counsel, Department..

4D15-3824 Roshan Ramkhelawan v. State of Florida (2016)

District Court of Appeal of Florida Filed: Jan. 06, 2016

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT ROSHAN RAMKHELAWAN, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D15-3824 [January 6, 2016] Appeal of order dismissing rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case No. 04-822 CF10A. Roshan Ramkhelawan, Florida City, pro se. No appearance required for appellee. PER CURIAM. We affirm the circuit court’s order denying habeas corpus relief. Our affirm..