In a recent case before the Florida Supreme Court, the court decided what kinds of funds Medicaid was able to put a lien against. It held that only an award of past medical expenses could be used to satisfy the lien, and that Medicaid could not touch the award for future medical expenses. If you are injured in an accident, you should contact a Florida personal injury attorney as soon as possible! They can help you to make sure you receive – and keep – the recovery that you deserve.
Facts of the Case
The facts of this case are relatively straightforward. A man was injured in an all-terrain vehicle accident. He had extensive injuries. He did not have private insurance so Florida’s Medicaid program paid $322,222.27 for medical care to treat his injuries from the accident. Later, he settled with one of the alleged tortfeasors for one million dollars. Medicaid then said he owed them over $320,000 for his medical bills. However, of the million dollar settlement, only $13,881.79 was compensation for past medical expenses. Though the case never explicitly states what the other amounts are for, presumably it is future medical expenses, lost wages, pain and suffering, and other compensable damages under tort law. Thus, the victim’s representative argued that the Medicaid lien should only be for the $13,881.79 allocated to past medical expenses.