What amount of Petitioner’s malpractice settlement must be paid to Respondent, Agency for Health Care Administration (Agency), to satisfy the Agency’s $13,904.06 Medicaid Lien?1/Unrebutted evidence proved past medical expenses were 7.9% of Petitioner's damages. Therefore, AHCA can recover only 7.9% of Medicaid payments. Preponderance of the evidence is Petitioner's burden.
Petitioners` settlement with the physicians and the nurse midwife barred them from receiving an award under the Plan, even though the claim was compensable and the hospital was entitled to immunity.