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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…

How To Identify Clients And Personal Injury Cases That Require A Guardianship In Order To Bring The Claim, Continue The Claim Or Settle The Claim

If the settlement recipient is a minor ask yourself: Do the settlement net proceeds exceed $15,000.00? Are the minor’s parents deceased or incapacitated? If the answer is ‘yes’ your client needs a guardianship then call Stephanie L. Schneider A ‘minor’ in Florida is a child under 18 years of age. A guardianship of property is required…

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…

Elder Law Attorneys Oppose Rules Change to VA Pension Program

On March 25, 2015 Bryant Jordan of Military.com reported: A national organization of elder law attorneys on March 17 filed a 27-page letter with the VA arguing why the department should not make proposed changes to rules for a pension program for low-income veterans aged 65 and older. The VA wants the rules tightened up to ensure that the…

Tips When Obtaining a Recovery for a Client On Medicaid and SSI

This month’s ‘Tips and Tales’ focuses on what needs to be done before distributing proceeds to a client who receives Medicaid or SSI benefits. Feel free to use this checklist in your office: At inception of the lawsuit ask the client whether he/she receives Medicaid, SSI, Food Stamps, HUD housing (or other financially sensitive government benefits). Document your file. Request a copy of…

Have Federal Amendments Really Changed The Ahlborn Decision?

If you have followed the caselaw interpreting Ahlborn you know that it has been a long winding road with many attempts by state Medicaid agencies to access the entire settlement, not just the portion attributed to medical expenses. Most recently in 2013 Congress sought to strengthen the Medicaid third-party liability act when it passed the Bipartisan Budget Act of 2013. In section…

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