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Blog: News Legal & Financial Professionals Could Use

AHCA’S Attempt to Reach a Medicaid Recipient’s Tort Recovery is Thwarted.

On July 5, 2018 (how appropo one day after Independence Day) the Florida Supreme Court ruled that under federal law AHCA may only reach the past medical expenses portion of a Medicaid recipient’s tort recovery to satisfy its Medicaid third party liability lien. See Giraldo v. ACHA (No. SC17-297). This ruling now resolves the conflict between the Second…

A Special Needs Trust For A Young Man Who Lost His Medicaid And SSI Benefits

If you you or a  friend has a family member that is a child with a disability you probably know the challenges it presents.  When a person with a disability is receiving Medicaid and/or SSI benefits and receives money (from a lawsuit or inheritance) it can unintentionally cause the child to lose government benefits. We were invited by a…

The Invaluable Benefits of a Well Drafted Durable Power of Attorney.

This month’s ‘Tips and Tales’ focuses on the invaluable benefits of a well drafted Durable Power of Attorney. Tale:   Jane Smith was involved in a catastrophic automobile accident.  Although rendered a paraplegic her cognitive abilities were not affected.  Since she was able to speak and communicate it was not necessary to pursue legal guardianship in order for her to…

Failure to Report Settlement to Social Security Results In Woman Facing 15 years in Federal Prison

It’s been a long time since we have seen this scenario and surprising that it still happens. You need to know if your client receives government benefits. Inform them the settlement can affect their entitlement, and encourage them to meet with me to obtain the best planning advice. Scenario: a child is injured during the birth…

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…

Law Office of Stephanie L. Schneider, P.A.