In March, Creed & Gowdy attorneys Bryan Gowdy and Meredith Ross, along with co-counsel, filed a petition for writ of certiorari in the United States Supreme Court on behalf of their client, Ms. Gianinna Gallardo. Today, the Supreme Court granted the petition. To view the Supreme Court's order list, click here. Creed & Gowdy will now begin work on their merits brief.
The question presented is: Under the Medicaid Act, may Florida and the other States recover Medicaid payments of a beneficiary's past medical expenses by taking from the portion of a beneficiary's tort recovery that compensates for future medical expenses? The Florida Supreme Court has answered "no" to this question and ruled that Florida may not take from such portions of tort recoveries. The U.S. Court of Appeals for the Eleventh Circuit has ruled the opposite and authorized Florida to take such portions. Nationally, courts and state legislatures are divided on the answer to this question. The petition asks the U.S. Supreme Court to resolve this conflict by answering the question as the Florida Supreme Court did and to ensure the Medicaid Act is applied the same in all the States to identically situated beneficiaries.
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