During oral arguments, the parties conceded that this appeal involves the very narrow question of whether a legal representative qualifies as "recipient" in the 2016 version of section 409.910(17)(b), Florida Statutes. Because we answer the question affirmatively, we reverse the administrative *819law judge's (ALJ) dismissal of the personal representative's petition with prejudice.
Prior to his death, the decedent was involved in a car accident that left him with life threatening injuries. As a result of those injuries, the decedent received extensive medical care that was paid by Florida's Medicaid program. Florida's Medicaid program is administered by the Agency for Health Care Administration (AHCA). See § 409.902(1), Fla. Stat. (2016). When a person receives Medicaid benefits for a covered injury, AHCA has an automatic lien against any claim in which a third party is liable for the amount of medical assistance it provided. § 409.910(6)(c).
Believing that the other party caused the decedent's death, the decedent's personal representative (PR) and his spouse initiated a wrongful death action. The PR and decedent's spouse ultimately entered into a confidential settlement with the other party. After settling the wrongful death action, the PR and the decedent's spouse filed a petition with the Division of Administrative Hearings to contest the amount of AHCA's Medicaid lien pursuant to section 409.910(17)(b). In response to the petition, AHCA filed a motion to dismiss alleging that the PR and the decedent's spouse could not challenge the lien because they were not "recipients." The ALJ agreed.
We review administrative legal conclusions de novo . Brownsville Manor, LP v. Redding Dev. Partners, LLC , 224 So.3d 891, 894 (Fla. 1st DCA 2017). Section 409.910(17)(b) states that only a "recipient" may contest AHCA's Medicaid lien. The term "recipient" is defined in section 409.901(19), Florida Statutes (2016), and includes a person who received medical assistance under the Florida Medicaid program for the purposes of section 409.910. Even though a person dies, his right to an existing cause of action does not die with him. See § 46.021, Fla. Stat. (2016) ; Levy v. Baptist Hosp. of Miami, Inc. , 210 So.2d 730, 730 (Fla. 3d DCA 1968) (the intent of the statute is to preserve an existing action rather than create a new one). Therefore, theoretically a deceased person could file a petition to challenge AHCA's lien if he could file a petition. Under Florida law, the proper person to file a cause of action on behalf of a deceased person is the personal representative. See § 733.612(20), Fla. Stat. (2016) ; Fla. R. Civ. P. 1.210(a). Since a personal representative is the person authorized to prosecute a deceased person's claims, then a personal representative qualifies as a "recipient" providing the deceased person qualifies as a "recipient."
The ALJ found that the decedent received medical care related to his injury that was paid by Florida's Medicaid program. Therefore, the decedent qualified as a "recipient." Because the decedent qualified as a "recipient," his PR qualified as a "recipient." Therefore, the ALJ erred when he concluded otherwise and dismissed the PR's complaint with prejudice. Since the decedent's wife was not the decedent's personal representative nor the person who received medical assistance from Florida's Medicaid program, she does not qualify as a "recipient." The ALJ did not err in dismissing her petition. We leave all other questions for another day.
AFFIRMED in part, REVERSED in part, and REMANDED .
B.L. Thomas, C.J., concurs; Osterhaus, J., dissents with opinion.