Wistedt ex rel. Wistedt v. Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Wistedt ex rel. Wistedt v. Department of Health & Rehabilitative Services

571 So. 2d 48, 1990 Fla. App. LEXIS 8932, 1990 WL 181566

CourtDistrict Court of Appeal of Florida

DecidedNovember 21, 1990

DocketNo. 90-01040

StatusPublished

This text of 571 So. 2d 48 (Wistedt ex rel. Wistedt v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wistedt ex rel. Wistedt v. Department of Health & Rehabilitative Services, 571 So. 2d 48, 1990 Fla. App. LEXIS 8932, 1990 WL 181566 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

This cause is before us on appeal from an order of the State hearing officer denying medicaid benefits from March 1988 forward. Appellant argues that the hearing officer erred in failing to consider his existing indebtedness for medical care in determining his eligibility for medicaid benefits. We affirm in part and reverse in part.

We find the doctrine of res judicata bars appellant's claim for medicaid benefits from June 1988 forward. We agree, however, that the hearing officer should have set off the amounts which appellant owed for medical care against appellant’s assets to determine his eligibility for medicaid benefits from March 1988 through May 1988.

We therefore reverse the denial of medicaid benefits for these months and remand with instructions to award benefits for these months only.

ERVIN, BOOTH and BARFIELD, JJ., concur.

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PER CURIAM.

This cause is before us on appeal from an order of the State hearing officer denying medicaid benefits from March 1988 forward. Appellant argues that the hearing officer erred in failing to consider his existing indebtedness for medical care in determining his eligibility for medicaid benefits. We affirm in part and reverse in part.

We find the doctrine of res judicata bars appellant's claim for medicaid benefits from June 1988 forward. We agree, however, that the hearing officer should have set off the amounts which appellant owed for medical care against appellant’s assets to determine his eligibility for medicaid benefits from March 1988 through May 1988.

We therefore reverse the denial of medicaid benefits for these months and remand with instructions to award benefits for these months only.

ERVIN, BOOTH and BARFIELD, JJ., concur.

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Bluebook (online)

571 So. 2d 48, 1990 Fla. App. LEXIS 8932, 1990 WL 181566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wistedt-ex-rel-wistedt-v-department-of-health-rehabilitative-services-fladistctapp-1990.