Michael Mobley, by and through his father etc. v. State of Florida, Agency for Health Care etc. ( 2018 )

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D16-1502
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MICHAEL MOBLEY, by and
through his father and natural
guardian, DAVID MOBLEY,
Appellants,
v.
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Appellee.
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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.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Floyd B. Faglie of Staunton & Faglie, PL, Monticello, for
Appellants.
Alexander R. Boler, Tallahassee, for Appellee.
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