Fla. High Court Trims State's Medicaid Lien On Tort Recovery

Law360 (July 5, 2018, 7:54 PM EDT) -- The Florida Supreme Court ruled Thursday that the Agency for Health Care Administration cannot place a lien on a Medicaid beneficiary’s tort recovery that exceeds the cost of past medical expenses, overturning a lower court opinion in a dispute over a Medicaid lien for a recipient injured in a vehicular accident.

The high court said that under the federal Medicaid Act, a state agency like AHCA can only recover past medical expenses, not future medical expenses, when a beneficiary wins money on tort claims in court. The decision overturns a win for AHCA in the First District Court of Appeal and reduces...

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