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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…

2015 Florida Legislative Update

Florida Statutes Chapter 744 which governs guardianship proceedings was amended relating to the settlement of claims for incapacitated adults and minors effective July 1, 2015. Here are the highlights: Confidentiality: The portion of the court file relating to the settlement of a claim is confidential.  A party must establish good cause and only then is the…

Dentistry and the Senior Patient

by Dr. Alfred G Bove’, DMD You cannot listen to the news without hearing about the latest improvements which make our lives healthier and longer. Technological advances in medicine and pharmacology leave us with the following question…so we are living longer but what changes occur with living longer lives? Dentistry, since its early onset as…