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…
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…
How To Select a Residential Facility for a Loved One
What happened at * nursing home never should have happened. It is a tragedy that could have and should have been avoided. Placing a loved one outside of their private home for care can be unsettling for both the elder and their family. In order to make the best informed decision on placement there are…
Calm Amid Chaos
by Jo-Aynne von Born, Executive Coach Hurricane Irma was wearisome for many of us but any crises we face can be an opportunity to bring out the best in us. The critical factor is presence of mind. What is that exactly? The ability to remain calm and take quick, sensible action. If this type of…
Twas the Night before Settlement…
Twas the night before settlement at your client’s house where a special needs loved one was beginning to grouse. The elder law attorney advised them Beware! That a special needs trust needs special care. Families and lawyers must know in their heads that equipment is needed like hospital beds Lawyers ran to the courthouse; a settlement–…
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…
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…
