Division of Administrative Hearings, Florida
Filed: Jan. 06, 2021
The issues for determination are, first, whether a lesser portion of Petitioner’s total recovery from a third-party tortfeasor should be designated as recovered medical expenses than the share presumed by statute; if so, then the amount of Petitioner’s recovery to which Respondent’s Medicaid lien may attach must be determined.Petitioner established evidentiary grounds for a proportional reduction of the portion of the settlement to which the Medicaid lien may attach, thereby limiting Respondent's recovery to 3.4% of the medical assistance provided.
