MOBLEY BY AND THROUGH MOBLEY v. AGENCY FOR HEALTH CARE ADMINISTRATION (2018)

District Court of Appeal of Florida, First District.

Michael MOBLEY, BY AND THROUGH His Father and Natural Guardian, David MOBLEY, Appellants, v. State of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee.

No. 1D16-1502

Decided: December 18, 2018

Floyd B. Faglie of Staunton & Faglie, PL, Monticello, for Appellants. Alexander R. Boler, Tallahassee, for Appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

This case is on remand from the Florida Supreme Court, which quashed our prior decision and directed reconsideration in view of its recent decision in Giraldo v. Agency for Health Care Administration, 248 So.3d 53 (Fla. 2018).

In Giraldo, the Florida Supreme Court held that federal law allows the Agency for Health Care Administration (AHCA) to lien only the past medical expenses portion of a Medicaid beneficiary's third-party tort recovery to satisfy its Medicaid lien. Id. at 56. Therefore, in accordance with the mandate from the supreme court, this cause is remanded to the Administrative Law Judge to reduce the awarded amount to $20,717.54 for satisfaction of AHCA's lien.

Per Curiam.

Rowe, Ray, and M.K. Thomas, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network