Legal Opinion
Davis v. Roberts
District Court of Appeal of Florida
Decided December 20, 2013No. 5D12-2113PublishedCited by 4 opinions
1Opinion of the CourtBerger, J.
The appellants, Tiffany Davis and Owen Glenn Davis, as parents and natural guardians of Hunter Davis, a minor, appeal the trial court’s order, which determined, pursuant to the formula outlined in section 409.910, Florida Statutes (2012), that the Agency for Healthcare Administration (“AHCA”), is entitled to recover the full amount of AHCA’s Medicaid lien out of the proceeds Hunter received from a personal injury settlement. Appellants argue that section 409.910 is unenforceable to the extent it allows AHCA to recover more than what Hunter’s settlement allocated for past medical expenses. We…
2Cases cited6 opinions
- Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
- Wos v. E. M. A. Ex Rel. JohnsonSupreme Court of the United States · 2013
- E.M.A. Ex Rel. Plyler v. CanslerCourt of Appeals for the Fourth Circuit · 2012
- Smith v. Agency for Health Care AdministrationDistrict Court of Appeal of Florida · 2009
- Roberts v. Albertson's Inc.District Court of Appeal of Florida · 2012
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3Cited by4 opinions
- Suarez v. Port Charlotte HMA, LLCDistrict Court of Appeal of Florida · 2015
- MARIA ISABEL GIRALDO and Juan Gonzalo Villa v. Agency For Health Care AdministrationDistrict Court of Appeal of Florida · 2016
- Willoughby v. Agency for Health Care AdministrationDistrict Court of Appeal of Florida · 2017
- State Department of Health Care Policy & Financing v. S.P.Colorado Court of Appeals · 2015