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Florida First DCA affirms Administrative Law Judge reduction of Medicaid lien in personal injury settlement by 91% due to the settlement discount from total damages

On April 17, 2020, in Agency for Health Care Administration v. Rodriguez, No. 1D19-1454, the Florida First DCA affirmed a ALJ’s determination that the $126,021 lien imposed by Medicaid for past medical expenses in a personal injury case be reduced by 91.7% to $12,800 in recognition of the fact that the plaintiff’s gross settlement had only accounted for 8.3% of the plaintiff’s total damages, which the ALJ had determined to be $6 million. The ALJ based its findings in part on testimony from the plaintiff’s attorney in the underlying tort case, who was permitted to testify as a fact witness.