Leon FL Elder law, Estate planning and Litigation Lawyers

17-005425MTR BRANDON L. EADY vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

Division of Administrative Hearings, Florida Filed: Sep. 29, 2017

The issue is the amount of Petitioner’s personal injury settlement proceeds that should be paid to Respondent, Agency for Health Care Administration (AHCA), to satisfy its Medicaid lien under section 409.910, Florida Statutes (2016).1/Petitioner did not carry the preponderance burden to demonstrate that AHCA's lien should be reduced. AHCA is awarded the full amount of the lien.

16-007367MTR LOLITA D. AND RICKEY O.D. INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF RICKEY D., A MINOR vs AGENCY FOR HEALTH CARE ADMINISTRATION (2016)

Division of Administrative Hearings, Florida Filed: Dec. 09, 2016

What is the proper amount of Petitioners' personal injury settlement payable to Respondent, Agency for Health Care Administration ("AHCA"), to satisfy AHCA's $51,130.05 Medicaid lien under section 409.910(17)(b), Florida Statutes.In the absence of any evidence from AHCA to refute or contradict Petitioners' expert, Petitioner proved by a preponderance of the evidence that ACHA's Medicaid lien should be reduced to $11,657.56.

18-006720MTR JAY HOSEK, BY AND THROUGH HIS LEGAL GUARDIAN JIRINA HOSEK vs AGENCY FOR HEALTH CARE ADMINISTRATION (2018)

Division of Administrative Hearings, Florida Filed: Dec. 20, 2018

Whether the Agency for Health Care Administration's ("AHCA" or "the agency") Medicaid lien of $267,072.91 should be reimbursed in full from the $1 million settlement recovered by Petitioner or whether Petitioner proved that a lesser amount should be paid under section 409.910(17)(b), Florida Statutes.Using the proportionality methodology and adjusting the total value to reflect the Petitioner's comparative negligence, Hosek recovered 100% of the total value of his case. As a result, ACHA was entitled to recover 100% of its lien-$267,072.91.

19-001696MTR DEREK MATSON vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Mar. 29, 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 Derek Matson (“Petitioner” or “Mr. Matson”) pursuant to section 409.910, Florida Statutes (2018),1/ from settlement proceeds received from a third party.The preponderance of the evidence demonstrates that $1794.57 amounts to a fair and reasonable determination of the past medical expenses actually recovered by Petitioner and payable to AHCA.

18-003107MTR JESSICA N. TORESCO vs AGENCY FOR HEALTH CARE ADMINISTRATION (2018)

Division of Administrative Hearings, Florida Filed: Jun. 18, 2018

The issue is the amount payable to Respondent, Agency for Health Care Administration ("Respondent" or "AHCA"), in satisfaction of Respondent's Medicaid lien from a settlement received by Petitioner, from a third party, pursuant to section 409.910, Florida Statutes (2017).Petitioner proved that agency's Medicaid lien amount should be reduced.

19-000519MTR ALIA L. JUAREZ, BY AND THROUGH HER PARENTS AND NATURAL GUARDIANS SANDRA PEREZ LUNA AND JOSE LUIS JUAREZ vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Jan. 29, 2019

The issue to be decided is the amount to be paid by Petitioner to Respondent, Agency for Health Care Administration ("AHCA"), out of her settlement proceeds, as reimbursement for past Medicaid expenditures pursuant to section 409.910, Florida Statutes.Petitioner proved Respondent should be reimbursed for its Medicaid lien in a lesser amount than that calculated pursuant to section 409.910(11)(f).

18-002361MTR JENNIFER PUZANSKAS vs AGENCY FOR HEALTH CARE ADMINISTRATION (2018)

Division of Administrative Hearings, Florida Filed: May 10, 2018

The issue to be decided is the amount to be paid by Petitioner to Respondent, Agency for Health Care Administration (Agency), out of her settlement proceeds as reimbursement for past Medicaid expenditures pursuant to section 409.910, Florida Statutes (2018).Petitioner established that AHCA entitled only to a lower amount of reimbursement for medicaid expenses.

18-003847MTR AMANDA L. BAKER, BY AND THROUGH HER PARENTS AND GUARDIANS, JEFFREY BAKER AND KAREN BAKER vs AGENCY FOR HEALTH CARE ADMINISTRATION (2018)

Division of Administrative Hearings, Florida Filed: Jul. 20, 2018

The issue to be decided is the amount to be paid by Petitioner to Respondent, Agency for Health Care Administration (Agency), out of her settlement proceeds, as reimbursement for past Medicaid expenditures pursuant to section 409.910, Florida Statutes.Petitioner proved that AHCA's Medicaid lien should be reduced to same ratio as the settlement is to the value of the claim.

18-001216MTR SANTOS O. RODRIGUEZ-GOMEZ, DECEASED, BY AND THROUGH ARMANDO RODRIGUEZ-GOMEZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANTOS O. RODRIGUEZ-GOMEZ, AND THE SURVIVING CHILDREN OF SANTOS O. RODRIGUEZ-GOMEZ, ET AL vs AGENCY FOR HEALTH CARE ADMINISTRATION (2018)

Division of Administrative Hearings, Florida Filed: Mar. 06, 2018

The issue is the amount payable to Respondent, Agency for Health Care Administration ("Respondent" or "AHCA"), in satisfaction of Respondent's Medicaid lien from a settlement received by Petitioners, from a third party, pursuant to section 409.910, Florida Statutes (2016).Petitioner proved by a preponderence of the evidence that AHCA's Medicaid lien should be reduced by the same ratio as the settlement.

15-004423MTR JUAN L. VILLA vs AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Aug. 29, 2018

The issue in this case is the amount that must be paid to Respondent from the proceeds of Petitioner’s confidential settlement with one defendant to satisfy Respondent’s Medicaid lien against the proceeds.As directed by the First DCA, AHCA's lien is reduced to $13,881.79.

Floyd Benjamin Faglie