Division of Administrative Hearings, Florida
Filed: Feb. 15, 2016
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.A lesser portion of the third-party recovery should be designated as medical expenses than the presumptive share; Medicaid's lien must be reduced, pro rata, to that portion of the proceeds reflecting the proportion of medical damages to full damages.
