Michael Mobley, by and through his father etc. v. State of Florida, Agency for Health Care etc.

• Court: District Court of Appeal of Florida
• Decided: December 18, 2018
• Docket: 16-1502
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D16-1502 _____________________________

MICHAEL MOBLEY, by and through his father and natural guardian, DAVID MOBLEY,

Appellants,

v.

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Appellee. _____________________________

An appeal from an order of the Division of Administrative Hearings.

December 18, 2018

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

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 Administratiom (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.

ROWE, RAY, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Floyd B. Faglie of Staunton & Faglie, PL, Monticello, for Appellants.

Alexander R. Boler, Tallahassee, for Appellee.