In a huge win for our clients, the United States District Court for the Northern District of Florida declared parts of a Medicaid reimbursement statute preempted and unconstitutional, and enjoined the State of Florida's Agency for Health Care Administration (AHCA) from using it to enforce its liens in personal injury cases.
On behalf of the clients and their incapacitated daughter, Meredith Ross and Bryan Gowdy of Creed & Gowdy, together with co-counsel Floyd Faglie, filed for summary judgment to obtain declaratory and injunctive relief against AHCA. The summary judgment motion sought to invalidate, on preemption grounds, a state statute that AHCA invokes to collect reimbursement of past Medicaid payments from portions of the recipient's personal injury award/settlement representing future medical expenses. The district court agreed with our position and concluded the Florida statute is preempted by federal law to the extent it permits AHCA to seek reimbursement from payments for future medical expenses, and to the extent it requires Medicaid recipients to rebut an arbitrary statutory formula with clear and convincing evidence.
Read the order here.