Division of Administrative Hearings, Florida
Filed: Jun. 24, 2016
On the merits, 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. Before the merits may be addressed, however, it will be necessary to decide whether, in light of the recent judicial invalidation of portions of the Medicaid Third-Party Liability Act, an administrative remedy remains available to Petitioner.The recent judicial invalidation of portions of the Medicaid Third-Party Liability Act has eviscerated the administrative remedy previously available to Petitioner, depriving DOAH of jurisdiction to proceed; case dismissed.
