Leon FL Elder law, Estate planning and Litigation Lawyers

17-001966MTR ANGELA MOJICA, AN INCAPACITATED PERSON, BY AND THROUGH JANNETTE VEGA RODRIGUEZ AS GUARDIAN OF THE PROPERTY OF ANGELA MOJICA vs AGENCY FOR HEALTH CARE ADMINISTRATION (2017)

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

The amount of Petitioner’s medical malpractice settlement payable to Respondent, Agency for Health Care Administration (AHCA), to satisfy AHCA’s $322,048.83 Medicaid lien.On remand from the First District Court of Appeal, Respondent's Lien shall be reduced to $113,112.33.

17-004556MTR AMANDA SOTO 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, Amanda Soto (referred to herein as either “Petitioner” or “Soto”), to reimburse Medicaid for expenditures made on her behalf.Petitioner proved that reimbursement of medicaid expenses in an amount less than the full amount set by the (11)(f) formula was appropriate.

16-002084MTR ANA PATRICIA DELGADO, INDIVIDUALLY, AS MOTHER OF ASHLEY NUNEZ, DECEASED, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ASHLY NUNEZ; AND JOHN D. NUNEZ, INDIVIDUALLY, AND AS FATHER OF ASHLY NUNEZ, DECEASED vs AGENCY FOR HEALTH CARE ADMINISTRATION (2016)

Division of Administrative Hearings, Florida Filed: Apr. 18, 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 Ashley Nunez pursuant to section 409.910, Florida Statutes (2016),1/ from settlement proceeds received by Petitioners from third parties.AHCA is entitled to recover the full amount of its Medicaid lien because the procedure in sec. 409.910(17)(b) is unavailable to the Petitioners.

16-001270MTR VICTOR HUGO HERRERA, SR. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2016)

Division of Administrative Hearings, Florida Filed: Mar. 07, 2016

The issue to be determined is the amount payable under section 409.910, Florida Statutes,1/ in satisfaction of Respondent's Medicaid lien on settlement proceeds received by Petitioner, Victor Hugo Herrera, Sr., from a third party.Petitioner proved by clear and convincing evidence that AHCA's Medicaid lien should be reduced to correspond to the portion of Petitioner's settlement representing compensation for past medical expenses.

16-001932MTR LUCA WEEDO, A MINOR, BY AND THROUGH HIS PARENTS AND GUARDIANS, DEBRA ANN WEEDO AND KENNETH DARRELL WEEDO vs AGENCY FOR HEALTH CARE ADMINISTRATION (2016)

Division of Administrative Hearings, Florida Filed: Apr. 07, 2016

The issue in this proceeding is how much of Petitioner’s settlement proceeds should be paid to Respondent, Agency for Health Care Administration (“AHCA”), to satisfy AHCA's Medicaid lien under section 409.910, Florida Statutes.1/Petitioner proved by clear and convincing evidence that the Medicaid anti-lien statute limited AHCA's recovery to $12,767.53, the portion of Petitioner's settlement representing compensation for past medical expenses.

15-006594MTR YESICA CARDENAS vs AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Nov. 19, 2015

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, Yesica Cardenas, from a personal injury settlement received by Petitioner from a third party.Petitioner proved by clear and convincing evidence that a lower amount than that calculated pursuant to section 409.910(11)(f), should be reimbursed to Respondent for medical expenses paid on behalf of Petitioner.

15-006106MTR ASHTON HAYWOOD, A MINOR, BY AND THROUGH HIS PARENTS AND NATURAL GUARDIANS, ASHLEY WILLIAMCEAU AND JAMAL HAYWOOD vs AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Oct. 27, 2015

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, Ashton Haywood, from personal injury settlements received by Petitioner from third parties.Petitioner proved by clear and convincing evidence that Respondent should be reimbursed for its Medicaid lien a lesser amount than that calculated pursuant to section 409.910(11)(f).

16-000388MTR SUMMER BASS, A MINOR, BY AND THROUGH HER MOTHER AND NATURAL GUARDIAN, DEIRDRE LLOYD vs AGENCY FOR HEALTH CARE ADMINISTRATION (2016)

Division of Administrative Hearings, Florida Filed: Dec. 25, 2015

The issue to be determined is the amount to be reimbursed to Respondent, Agency for Health Care Administration, for medical expenses paid on behalf of Petitioner, Summer Bass, from personal injury settlements received by Petitioner from third parties.Petitioner proved by clear and convincing evidence that a lower amount than that calculated pursuant to section 409.910(11)(f), should be reimbursed to Respondent for medical expenses paid on behalf of Petitioner.

15-006465MTR JONI M. DOHENY vs AGENCY FOR HEALTH CARE ADMINISTRATION (2015)

Division of Administrative Hearings, Florida Filed: Nov. 16, 2015

The issue in this proceeding is the amount to be reimbursed to Respondent, Agency for Health Care Administration, for medical expenses paid on behalf of Petitioner, Joni M. Doheny, from a settlement received by Petitioner from a third party.Evidence demonstrated that Medicaid lien is limited to less than the amount of medical expenses paid by Medicaid based on the portion of the medical expenses recovered in third-party settlement.

13-004684MTR ELSA PARNAU HUNT AND ERIC HUNT, INDIVIDUALLY, AS PARENTS OF ETHAN HUNT, DECEASED, AND AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF ETHAN HUNT vs AGENCY FOR HEALTH CARE ADMINISTRATION (2013)

Division of Administrative Hearings, Florida Filed: Dec. 06, 2013

Whether a valid Medicaid lien exists, and, if so, what is the amount payable to Respondent pursuant to section 409.910(17), Florida Statutes, in satisfaction of the lien from a settlement received by Petitioners from a third-party.1/Because a valid lien no longer exists, and AHCA's subrogation and assignment rights for reimbursement for medical expenses paid by Medicaid have expired, AHCA is not entitled to any portion of Petitioners' wrongful death settlement.

Floyd Benjamin Faglie