Legal Opinion

Roberts v. Albertson's Inc.

District Court of Appeal of Florida

Decided October 24, 2012No. 4D10-2313PublishedCited by 8 opinions

1Opinion of the CourtConner, J.

In this appeal, we decide whether Florida law precludes the recipient of Medicaid benefits from seeking a judicial determination of what portion of a personal injury settlement is subject to a Medicaid lien and reimbursement to the state. Adhering to federal appellate precedent, we hold *458that a Medicaid recipient has the right to seek a judicial determination.

Factual Background and Trial Proceedings

Appellant, Alan Roberts (“Roberts”), was hit by a side view mirror of a dry cleaning van while walking. As a result, he was rendered a quadriplegic. Medicaid paid for all of Roberts’ medical care…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. Wilder v. Virginia Hospital Assn.Supreme Court of the United States · 1990
  2. Washington State Department of Social & Health Services v. Guardianship Estate of KeffelerSupreme Court of the United States · 2003
  3. Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
  4. Tristani Ex Rel. Karnes v. RichmanCourt of Appeals for the Third Circuit · 2011
  5. Andrews Ex Rel. Andrews v. HaygoodSupreme Court of North Carolina · 2008

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3Cited by8 opinions

  1. Agency for Health Care Administration v. RileyDistrict Court of Appeal of Florida · 2013
  2. MARIA ISABEL GIRALDO and Juan Gonzalo Villa v. Agency For Health Care AdministrationDistrict Court of Appeal of Florida · 2016
  3. Davis v. RobertsDistrict Court of Appeal of Florida · 2013
  4. Estate of Hernandez v. Agency for Health Care AdministrationDistrict Court of Appeal of Florida · 2016
  5. Nadia Garcon v. Florida Agency for Health Care AdministrationSupreme Court of Florida · 2014

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