Mobley v. State, 259 So. 3d 315 (2018)

Dec. 18, 2018 · District Court of Appeal of Florida, First District · No. 1D16-1502

259 So. 3d 315

Michael MOBLEY, BY AND THROUGH His Father and Natural Guardian, David MOBLEY, Appellants,
v.
State of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee.

No. 1D16-1502

District Court of Appeal of Florida, First District.

December 18, 2018

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

Alexander R. Boler, Tallahassee, for Appellee.

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 Administration (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.