Leon FL Elder law, Estate planning and Litigation Lawyers

17-006448MTR KAPITOLA MORGAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MALK S. SUNWABEH, DECEASED vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

Division of Administrative Hearings, Florida Filed: Nov. 27, 2017

The issue in this matter concerns the amount of the money to be reimbursed to the Agency for Health Care Administration for medical expenses paid on behalf of Malk S. Sunwabeh, a Medicaid recipient, following a settlement recovered from a third party by the Personal Representative of the Mr. Sunwabeh’s estate.Petitioner's petition is dismissed for failure to comply with the mandatory filing requirements. Further, Petitioner is not authorized to challenge the Medicaid lien because the recipient died before the Agency imposed the lien.

13-004785MTR MICHAEL MOBLEY, BY AND THROUGH HIS FATHER AND NATURAL GUARDIAN, DAVID MOBLEY vs AGENCY FOR HEALTH CARE ADMINISTRATION (2013)

Division of Administrative Hearings, Florida Filed: Dec. 13, 2013

The issue to be decided is the amount payable to Respondent in satisfaction of the Agency’s Medicaid lien from a settlement, judgment, or award received by Petitioner from a third-party under section 409.910(17), Florida Statutes.AHCA was entitled to Medicaid lien on full settlement amount allocated for past medical expenses, not just amount allocated to Medicaid lien.

16-004655MTR SHAMARION MANLEY, A MINOR, BY AND THROUGH HIS PARENTS AND NATURAL GUARDIANS, VICTORIA MANLEY AND SHARMANE MANLEY vs AGENCY FOR HEALTH CARE ADMINISTRATION (2016)

Division of Administrative Hearings, Florida Filed: Aug. 16, 2016

The issue to be determined is the amount to be reimbursed to Respondent, Agency for Health Care Administration (AHCA), for medical expenses paid on behalf of Petitioner, Shamarion Manley, from a personal injury settlement received by Petitioner from a third party.Petitioner did not prove that AHCA should recover less than the amount of its Medicaid lien claim.

17-005414MTR MARCELLO FLETCHER, A MINOR, BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN, ALICIA FLETCHER vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

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

What amount of the malpractice settlement of Petitioner, Marcello Fletcher, must be paid to Respondent, Agency for Health Care Administration (Agency), to satisfy the Agency’s $395,618.55 Medicaid Lien?Medicaid recipient proved that settlement received was 6% of the value of his damages and applying the 6% to the amount Medicaid spent on medical costs to determine the amount subject to the Medicaid lien under §409.910 was proper and reasonable.

17-005346MTR WILLIAM WRIGHT, BY AND THROUGH LESLIE WRIGHT THE PERSONAL REPRESENTATIVE OF HIS ESTATE vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

Division of Administrative Hearings, Florida Filed: Sep. 25, 2017

What is the amount from Petitioner’s settlement proceeds that should be paid to satisfy Respondent’s Medicaid lien under section 409.910, Florida Statutes (2016)?1/Petitioner proved by a preponderence of the evidence that AHCA's Medicaid lien should be reduced by the same ratio as the settlement and the value of the claim.

17-003011MTR WILLIAM O'MALLEY vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

Division of Administrative Hearings, Florida Filed: May 22, 2017

The issue to be determined in this case is the amount to be paid to Respondent, Agency for Health Care Administration (“Respondent” or “AHCA”), to reimburse Medicaid for medical expenses paid on behalf of Petitioner from proceeds of a personal injury settlement received by Petitioner.Petitioner proved that 8.75% of its settlement was allocated for medical expenses, and that is the amount that should be paid to satisfy the Medicaid lien.

18-001016MTR EMILY E. BRYAN, A MINOR, BY AND THROUGH HER GUARDIAN OF THE PROPERTY, MICHELLE PATTEE-BARNHARDT, AND HER MOTHER HOLLYCE BRYAN vs AGENCY FOR HEALTH CARE ADMINISTRATION (2018)

Division of Administrative Hearings, Florida Filed: Feb. 23, 2018

The issue to be decided in this proceeding is the amount to be paid to Respondent, Agency for Health Care Administration (“AHCA” or the “Agency”), from the proceeds of a personal injury settlement received by Petitioner, Emily E. Bryan (“Bryan”), to reimburse the Florida Medicaid Program (“Medicaid”) for expenditures made on her behalf.Petitioner did not satisfy burden of proof in claim for repayment of Medicaid Lien.

17-005417MTR JOSEPH PINTO DOMINGO, A MINOR, BY AND THROUGH HIS PARENTS AND NATURAL GUARDIANS, AURILEIA DOS REIS PINTO AND NILTON PINTO vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

Division of Administrative Hearings, Florida Filed: Dec. 09, 2020

The issue to be decided in this proceeding is the amount to be paid to Respondent, Agency for Health Care Administration (“AHCA” or the “Agency”), from the proceeds of a personal injury settlement received by Petitioner, Joseph Pinto Domingo, referred to herein as either “Petitioner” or “Domingo,” to reimburse Medicaid for expenditures made on his behalf.Petitioners proved that reimbursement of Medicaid expenses in an amount less than the full amount set by the (11)(f) formula was appropriate.

17-004560MTR CLIFFORD J. DEYAMPERT vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

Division of Administrative Hearings, Florida Filed: Aug. 15, 2017

The issue to be determined is the amount to be reimbursed to Respondent, Agency for Health Care Administration (“AHCA”), for medical expenses paid on behalf of Clifford J. Deyampert (“Petitioner” or “Mr. Deyampert”) pursuant to section 409.910, Florida Statutes (2015),1/ from settlement proceeds received by Mr. Deyampert from a third party.Petitioner proved by a preponderance of the evidence that $3,847.23 of the total third-party recovery represents that share of the settlement proceeds fairly attributable to expenditures actually paid by AHCA.

17-003908MTR HUNTER LAMENDOLA, A MINOR, BY AND THROUGH HIS MOTHER AND NATURAL GUARDIAN, ASHLEY LAMENDOLA vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

Division of Administrative Hearings, Florida Filed: Jul. 13, 2017

The issue to be determined is the amount payable to the Agency for Health Care Administration (AHCA or Respondent) in satisfaction of its $157,983.63 Medicaid lien asserted against medical malpractice settlement proceeds received by Hunter Lamendola (Hunter), a minor, by and through his mother and natural guardian, Ashley Lamendola (Petitioner).Petitioner proved by a preponderance of the evidence that AHCA's Medicaid lien should be reduced by the same ratio as the settlement and the value of the claim.

Floyd Benjamin Faglie