Florida/Georgia Personal Injury & Workers Compensation

...The School Board and Adside filed motions for summary judgment arguing that payment by Medicaid to JMH for Kevin's treatment constituted "payment in full," and that therefore, JMH was prohibited from collecting any additional amounts. See 42 C.F.R. § 447.15 (1995); § 409.907(3)(j), Fla....

...Wardair Canada, Ltd., 455 So.2d 326, 328-29 (Fla.1984), affirmed, 477 U.S. 1, 106 S.Ct. 2369, 91 L.Ed.2d 1 (1986); Phillips v. General Fin. Corp. of Fla., 297 So.2d 6, 8 (Fla. 1974). One of the requirements of the federal Medicaid program, as provided by 42 C.F.R. § 447.15 (1995), is that "[a] State plan must *565 provide that the Medicaid agency must limit participation in the Medicaid program to providers who accept, as payment in full, the amounts paid by the agency plus any deductible, co-insurance or co-payment required by the plan to be paid by the individual...." 42 C.F.R. § 447.15 (emphasis added)....

...as the lien is filed.” See Public Health Trust of Dade Cty. v. Carroll, 509 So. 2d 1232, 1234 (Fla. 4th DCA 1987). Further, even though a patient may be covered by Medicaid, Medicaid recipients remain responsible for deductibles, copayments, and cost sharing. See 42 C.F.R. § 447.15 (2018). At the time of Marin’s settlement offer and Infinity’s acceptance of the offer, it appeared that JMH may have had an actionable lien for its services based on the medical documents submitted to Infinity....