Blog: Ahlborn
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…
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…
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…
