Division of Administrative Hearings, Florida
Filed: Dec. 12, 2018
The issues are whether, pursuant to section 409.910(17)(b), Florida Statutes (sometimes referred to as "17b"), Respondent's recovery of medical assistance expenditures from $500,000 in proceeds from the settlement of a products liability action must be reduced from its allocation under section 409.910(11)(f) (sometimes referred to as "11f")1 to avoid conflict with 42 U.S.C. ยง 1396p(a)(1) (Anti-Lien Statute)2; and, if so, the amount of Respondent's recovery.Recipient proves right to proportional reduction of damages components of true value, including past medical expenses.
