Leon FL Elder law, Estate planning and Litigation Lawyers

19-005547MTR SHATAYSHIA BRINSON, A MINOR, BY AND THROUGH HER PARENTS AND NATURAL GUARDIANS, JENCEY S. BRINSON AND FREDDIE BRINSON, JR. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Oct. 16, 2019

The issues are whether, pursuant to section 409.910(17)(b), Florida Statutes (17b), Petitioner1 has proved that Respondent's recovery, under section 409.910(11)(f) (11f), of $685,615 in medical assistance expenditures2 from $10.4 million in proceeds from the settlement of a personal injury action must be reduced to avoid conflict with 42 U.S.C. § 1396p(a)(1) (Anti-Lien Statute)3 ; and, if so, what is the maximum allowable amount of Respondent's recovery.Pet proved that its putative true value of its personal injury act did not exceed its actual true value, so Anti-Lien Stat limits Resp's recovery of Med'd pymts from the sttlmt proceeds is ltd to the same 26% that Pet obt'd of the true value of its case

Johns v. State (1933)

Supreme Court of Florida Filed: Jul. 05, 1933 Citations: 110 Fla. 478, 151 So. 484

Writ of error dismissed on motion of the Attorney General.

SC14-2112 In Re: Amendments to Rule Regulating The Florida Bar 4-1.5 - Fees and Costs for Legal Services (2015)

Supreme Court of Florida Filed: Sep. 17, 2015

Supreme Court of Florida _ No. SC14-2112 _ IN RE: AMENDMENTS TO RULE REGULATING THE FLORIDA BAR 4-1.5—FEES AND COSTS FOR LEGAL SERVICES. [September 17, 2015] PER CURIAM. This matter is before the Court on the petition of The Florida Bar proposing that the Court amend the Rules Regulating The Florida Bar. We have jurisdiction. See art. V, § 15, Fla. Const. As part of its biennial rule amendments, The Florida Bar proposed amendments to Rule Regulating The Florida Bar 4-1.5 (Fees and Costs for Legal..

19-004496MTR RUSSELL WELLINGTON vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Aug. 22, 2019

What is the proper amount of Petitioner's personal injury settlement payable to Respondent, Agency for Health Care Administration ("AHCA"), to satisfy AHCA's $191,298.99 Medicaid lien under section 409.910(17)(b), Florida Statutes.Based on the uncontradicted and unrebutted testimony of his experts, the Petitioner proved by a preponderance of the evidence that ACHA's lien should be reduced to $5,260.72, by utilizing the proportionality methodolgy.

19-004228MTR ERICA E. ROSS, A MINOR BY AND THROUGH HER MOTHER AND NATURAL GUARDIAN, KIMBERLY S. ROSS vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Aug. 12, 2019

The issue in this proceeding is how much of Petitioner's settlement proceeds should be paid to Respondent, the Agency for Health Care Administration (AHCA or Agency), to satisfy AHCA's Medicaid lien under section 409.910, Florida Statutes (2019).1Petitioner proved that AHCA should be reimbursed for its Medicaid lien in a lesser amount than that calculated under section 409.910(11)(f), & $35,505 represents a fair and reasonable determination of past medical expenses actually covered by Petitioner.

19-003852MTR ELISHA LOEBELL, DECEASED, BY AND THROUGH SYLVIA LOEBELL AS ADMINISTRATOR OF THE ESTATE OF ELISHA LOEBELL vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Jul. 18, 2019

The issue for the undersigned to determine is the amount payable to Respondent, Agency for Health Care Administration (AHCA), as reimbursement for medical expenses paid on behalf of Petitioner Elisha Loebell, deceased, by and through Sylvia Loebell, as administrator of the estate of Elisha Loebell (Petitioner), pursuant to section 409.910, Florida Statutes (2018), from settlement proceeds Petitioner received from a third party.Petitioner proved, by a preponderance of the evidence, that $58,506.76 represents a fair and reasonable determination of past medical expenses actually recovered by Petitioner and payable to AHCA.

19-003727MTR DAVID BROWN, AN INDIVIDUAL, AND TONJA JENKINS, HIS WIFE vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Jul. 15, 2019

The issue to be determined is the amount payable to Respondent, Agency for Health Care Administration (“AHCA”), as reimbursement for medical expenses paid on behalf of David Brown (“Mr. Brown”) pursuant to section 409.910, Florida Statutes (2018),1/ from settlement proceeds he received from a third party.Petitioners proved, by a preponderance of evidence, that $69,623.38 represents a fair and reasonable determination of past medical expenses actually recovered by Petitioners and payable to AHCA.

19-002679MTR BRIAN GLASS vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: May 20, 2019

The issue to be decided 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 (2018).Petitioner proved by the preponderance of the evidence that the amount payable to AHCA in satistfaction of AHCA's Medicaid lien from the third party settlement should be reduced.

19-002013MTR PEDRO GARCIA, A MINOR BY AND THROUGH HIS PARENTS AND NATURAL GUARDIANS, JESUS GARCIA AND NORMA CISNEROS vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Apr. 16, 2019

The amount to be paid by Petitioners, Pedro Garcia, a minor by and through his parents and natural guardians, Jesus Garcia and Norma Cisneros ("Petitioners") to Respondent, Agency for Health Care Administration ("AHCA"), out of the settlement proceeds, as reimbursement for past Medicaid expenditures pursuant to section 409.910, Florida Statutes.Petitioner proved AHCA should be reimbursed for its Medicaid lien in a lesser amount than that calculated pursuant to section 409.910(11)(f)

18-005813MTR GRACE PROVVEDI, AS PERSONAL REPRESENTATIVE OF THE ESTATE OFS PERSONAL REPRESENTATIVE OF THE ESTATE OF GRACE PROVVEDI; TIMOTHY PROVVEDI, AS SURVIVING SPOUSE OF GRACE PROVVEDI; B.P. SURVIVING MINOR CHILD OF GRACE PROVVEDI vs AGENCY FOR HEALTH CARE ADMINISTRATION (2018)

Division of Administrative Hearings, Florida Filed: Nov. 02, 2018

What amount from Petitioners’ settlement proceeds should be paid to satisfy Respondent’s Medicaid lien under section 409.910, Florida Statutes (2018)?1/Petitioner proved by a prepondersance of the evidence that AHCA's Medicaid lien should be reduced by the same ratio as the settlement is to the value of the claim.

Floyd Benjamin Faglie