Russell v. Agency for Health Care Administration

Appellant, the plaintiff in a medical malpractice action brought on behalf of her son, challenges the trial court’s ruling ordering full satisfaction of a Medicaid lien from the proceeds of a settlement between the appellant and the defendants in the malpractice action. For the reasons we explain, we affirm the trial court’s ruling.

Florida’s Medicaid Third-Party Liability Act, § 409.910, Florida Statutes (2006), provides the statutory basis for the assertion by appellee Agency for Health Care Administration (AHCA) of a lien against third-party benefits obtained by a Medicaid recipient for…