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Elder Law Issues Affecting People Diagnosed With Multiple Sclerosis

People diagnosed with Multiple Sclerosis, at any age, are affected by the disease on many different levels: physically, possibly cognitively in the later stage of the disease, in their close relationships and potentially their employment ability. The earlier that people create a legal plan the greater likelihood they can remain independent and autonomous in their decision-making. Individuals…

Seeking Exemption From The Medicaid Estate Recovery Lien

If you achieve a settlement or judgment for a client after the client’s death the Medicaid third-party liability lien (F.S. 409.910) must be satisfied before the proceeds are placed in the estate. F.S. 409.9101(9). The proceeds placed in the probate estate are then available to satisfy the Medicaid estate recovery lien (for benefits paid through…

Florida Court Decides Medicaid TPL Applies to Wrongful Death Case

The Fourth D.C.A. has held in Goheagan v. Perkinsthat the State can recover its Medicaid third-party liability lien in a wrongful death action because the federal anti-lien statute only applies to settlements of living Medicaid recipients. The Medicaid agency paid for approximately $95,000.00 of medical services provided to the decedent. A multi-million dollar verdict was entered against the driver…

Seeking Reduction of the Medicaid Liability Lien

Seeking reduction of the Medicaid liability lien through the administrative process mandated under Florida Statutes. If your client’s personal injury case involves a Medicaid lien as well as an ERISA lien and AHCA argues its lien should be paid in full request that the Administrative Law Judge not consider the ERISA lien as evidence of allocation of medical expenses.  While…

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