2016 Florida Legislative Update

Congress has authorized a second extension to delay implementation of Section 211 of the Bipartisan Budget Act of 2013 through October, 2017 (HR 4302). This amends 42 U.S.C. 1396a. The act was scheduled to go into effect October, 2014.

The federal act sought to repeal the successful results afforded to Plaintiffs as a result of the SCOTUS Ahlborn decision which limited recovery of the Medicaid liability lien to the portion of the settlement that represents payment for medical expenses. Previously, an extension was granted through October, 2016.

When the act is implemented it will give states the ability to impose their Medicaid liability lien against the full personal injury settlement. In the interim, consumers need personal injury and trial law advocates to seek repeal of this provision.