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Blog Posts in Medical Liens and Collateral Sources

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  • Florida Fifth DCA rules that trial court erred by failing to apply collateral source setoff for Social Security disability payments to personal injury jury verdict
    Florida Fifth DCA rules that trial court erred by failing to apply collateral source setoff for Social Security disability payments to personal injury jury verdict

    On February 2, 2018, in Oswald Woudhuizen and Power Design v. Smith , Case No. 5D17-575, the Florida Fifth DCA ruled that trial court erred by failing to apply a collateral source setoff for Social ...

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  • Eleventh Circuit votes against rehearing en banc regarding its previous 2016 ruling upholding Medicare Advantage Organization's statutory right to double damages against tortfeasor's liability insurer
    Eleventh Circuit votes against rehearing en banc regarding its previous 2016 ruling upholding Medicare Advantage Organization's statutory right to double damages against tortfeasor's liability insurer

    On January 25, 2018, in Humana Medical Plan v. Western Heritage Insurance , No. 15-11436, a majority of the active service judges on the Eleventh Circuit Court of Appeals voted against rehearing en ...

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  • Florida First DCA reduces amount payable to AHCA for Medicaid lien, finds that agency was bound by its stipulation that decedent's parents had right to contest amount of lien
    Florida First DCA reduces amount payable to AHCA for Medicaid lien, finds that agency was bound by its stipulation that decedent's parents had right to contest amount of lien

    On January 26, 2018, in Delgado v. Agency for Health Care Administration , No. 1D16-5768, the Florida First DCA reversed an Administrative Law Judge’s (ALJ) determination that the parents and personal ...

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  • Florida Second DCA rules that Medicaid lien for past medical expenses does not extend to amount of personal injury settlement allocated to future medical expenses
    Florida Second DCA rules that Medicaid lien for past medical expenses does not extend to amount of personal injury settlement allocated to future medical expenses

    On March 10, 2017, in Willoughby v. AHCA , Case No. 2D15-4845, the Florida Second DCA ruled that a Medicaid lien for past medical expenses did not extend to the amount of a personal injury settlement ...

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  • First District Court of Appeal rules that Medicaid lien for past medical expenses extends to amount of personal injury settlement allocated to both past and future medical expenses
    First District Court of Appeal rules that Medicaid lien for past medical expenses extends to amount of personal injury settlement allocated to both past and future medical expenses

    On December 12, 2016, in Estate of Villa v. AHCA , 41 Fla. L. Weekly D2743 (Fla. 1st DCA Dec. 12, 2016), the Florida First District Court of Appeal ruled that the plaintiff failed to provide clear and ...

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