4D04-4546-Englich v. Agency For Healthcare Administration

State: Florida

Court: Florida Fourth District Court

Docket No: 4D04-4546

Case Date: 12/28/2005

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT July Term 2005 GERALD ENGLICH, Appellant, v. AGENCY FOR HEALTHCARE ADMINISTRATION, Appellee. No. 4D04-4546 [ December 28, 2005 ]
MAY, J.

The interplay between Florida's Wrongful Death Act1 and Medicaid Third-Party Liability Act2 set the stage for this appeal. The plaintiff, the personal representative and surviving spouse of the decedent, appeals an order requiring the proceeds of a wrongful death settlement to pay a Medicaid lien in full. He argues the court erred in failing to reduce the amount to be paid to Medicaid because the survivors received only 50% of the total value of their claims. We affirm. Medicaid paid for health care provided to the decedent. As a result of her death, the plaintiff brought a wrongful death claim on behalf of himself, two children, and the estate against two physicians and the hospital. Medicaid recorded its Claim of Lien in the public records of Palm Beach County and notified the plaintiff, pursuant to the Medicaid Third-Party Liability Act.

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