Nadia Garcon v. Florida Agency for Health Care Administration

We accepted jurisdiction to review the Third District Court of Appeal’s decision in Garcon v. Agency for Health Care Administration, 96 So.3d 472 (Fla. 3d DCA 2012), based on express and direct conflict with Smith v. Agency for Health Care Administration, 24 So.3d 590 (Fla. 5th DCA 2009), and Roberts v. Albertson’s, Inc., 119 So.3d 457 (Fla. 4th DCA 2012), on the issue of whether a plaintiff should be afforded the opportunity to demonstrate that a Medicaid lien exceeds the amount recovered by the plaintiff for medical expenses. 1 See art. V, § 3(b)(3), Fla. Const. Prior to filing an answer…