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Jason Dean Lazarus

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Bar #85677(FL) License for 28 years; Member in Good Standing

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Florida Laws: 106.28, 120.56, 120.569, 120.57, 120.68, 409.901, 409.902, 409.910, 768.28

19-006423MTR JONATHAN CRUZ vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2019

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 his settlement to which the Medicaid lien may attach, thereby limiting Respondent's recovery to 5% of the medical assistance provided.

19-005338MTR MITCHELL WILLIAMS, INDIVIDUALLY vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Oct. 09, 2019

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 a preponderance of the evidence that Respondent should be reimbursed for its Medicaid lien in a lesser amount than that calculated under section 409.910(11)(f).

19-000227MTR SYDNEY L. COOPER vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Jan. 14, 2019

The amount to be paid by Petitioner, Sydney L. Cooper ("Petitioner") 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 failed to prove AHCA should be reimbursed for its Medicaid lien in a lesser amount than that calculated pursuant to section 409.910(11)(f)

19-001923MTR DONNA L. FALLON, AS POWER OF ATTORNEY FOR ALICIA M. FALLON vs AGENCY FOR HEALTH CARE ADMINISTRATION (2019)

Division of Administrative Hearings, Florida Filed: Apr. 15, 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)

18-001844MTR SCOTT R. BROWN vs AGENCY FOR HEALTH CARE ADMINISTRATION (2018)

Division of Administrative Hearings, Florida Filed: Apr. 09, 2018

This matter concerns the amount of money to be reimbursed to the Agency for Health Care Administration for medical expenses paid on behalf of Scott R. Brown, a Medicaid recipient, following a settlement recovered from a third party.Based on the evidence in the record, $5,317.12 of Petitioner's total third-party recovery represents the portion of the settlement proceeds fairly attributable to past medical expenses, which may be paid to satisfy the Agency's Medicaid lien.

20-000605MTR VALERIA ALCALA, A MINOR, BY YOBANY E. RODRIGUEZ-CAMACHO AND MANUEL E. ALCALA, AS NATURAL GUARDIANS AND NEXT FRIENDS vs AGENCY FOR HEALTH CARE ADMINISTRATION (2020)

Division of Administrative Hearings, Florida Filed: Feb. 03, 2020

What amount of the personal injury settlement recovered by Petitioners, Valeria Alcala ("Alcala"), et al., must be paid to Respondent, Agency for Health Care Administration ("AHCA" or "Agency"), pursuant to section 409.910, Florida Statutes (2018), to satisfy the Agency's claimed $76,973.33 Medicaid Lien?In the absence of any contradictory evidence from the agency, ACHA's lien is reduced to $6,414.44 based upon the application of the pro-rata formula or proportionality test utilized by the Petitioner's experts.

20-002038MTR DANIYAH BAZAR, A MINOR, BY AND THROUGH HER PARENTS AND NATURAL GUARDIANS, AZZAM AND AMAL BAZAR vs AGENCY FOR HEALTH CARE ADMINISTRATION (2020)

Division of Administrative Hearings, Florida Filed: Apr. 27, 2020

The issues are whether, pursuant to section 409.910(17)(b), Florida Statutes (17b),1 Petitioner has proved that Respondent's recovery of $535,312 in medical assistance expenditures2 from $5 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, the maximum allowable amount of Respondent's recovery.Petitioner proved the suitability of proportional reduction of the past medical expenses in settlement proceeds in accordance with the settlement discount accepted by Petitioner.

20-002124MTR AMY LOPEZ, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF A.F., A MINOR vs AGENCY FOR HEALTH CARE ADMINISTRATION (2020)

Division of Administrative Hearings, Florida Filed: May 06, 2020

The issue in this case is the amount that must be paid to Respondent, Agency for Health Care Administration (AHCA or Respondent) from the proceeds of Petitioner’s confidential settlement to satisfy Respondent’s Medicaid lien against the proceeds pursuant to section 409.910, Florida Statutes (2019).1Petitioner proved by a preponderance of the evidence that Respondent should be reimbursed for its Medicaid lien in a lesser amount, per section 409.910(11)(f).

20-002265MTR GAELLEN FABRE, BY AND THROUGH MARIE R. DORE, F/K/A MARIE R. ALDAJUSTE, HIS LEGAL GUARDIAN vs AGENCY FOR HEALTH CARE ADMINISTRATION (2020)

Division of Administrative Hearings, Florida Filed: May 13, 2020

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 (“Petitioner” or “Fabre”) from a third party, pursuant to section 409.910, Florida Statutes (2019).Petitioner proved by a preponderance of the evidence that the Agency for Health Care Administration’s Medicaid lien should be reduced.

20-003511MTR MITCHELL MILLER vs AGENCY FOR HEALTH CARE ADMINISTRATION (2020)

Division of Administrative Hearings, Florida Filed: Aug. 10, 2020

The issue in this proceeding is how much of Petitioner’s settlement proceeds received from a third party should be paid to Respondent, Agency 1 All statutory references are to Florida Statutes (2019), as the parties agreed. for Health Care Administration (AHCA), to satisfy AHCA’s Medicaid lien under section 409.910, Florida Statutes.Petitioner proved by a preponderance of the evidence that AHCA's Medicaid lien should be reduced to $3,438.07.