NADIA GARCON, ET AL., PETITIONERS,
v.
FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, RESPONDENT
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The court granted the unopposed motion to remand for further proceedings based on a controlling U.S. Supreme Court decision.
The case involved a conflict between Florida appellate courts regarding Medicaid liens. The Respondent conceded the lower court's decision was erroneo…
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We accepted jurisdiction to review the Third District Court of Appeal’s decision in Garcon v. Agency for Health Care Administration, 96 So.3d 472 (Fla. 3d DCA 2012), based on express and direct conflict with Smith v. Agency for Health Care Administration, 24 So.3d 590 (Fla. 5th DCA 2009), and Roberts v. Albertson’s, Inc., 119 So.3d 457 (Fla. 4th DCA 2012), on the issue of whether a plaintiff should be afforded the opportunity to demonstrate that a Medicaid lien exceeds the amount recovered by the plaintiff for medical expenses.1 See art. V, § 3(b)(3), Fla. Const. Prior to filing an answer brief in this case, the Respondent filed an unopposed motion to remand for further proceedings in light of the United States Supreme Court’s decision in Wos v. E.M.A., — U.S. —, 133 S.Ct. 1391, 185 L.Ed.2d 471 (2013), which both parties agree is now determinative of this case.
The Respondent concedes that, in light of Wos, the Third District’s decision in Garcon is erroneous, and this case should be remanded to the circuit court to reconsider its decision. After a review of the filings, and the parties’ arguments, we grant the Respondent’s unopposed motion and quash the Third District’s decision. We direct that this case be remanded to the Third District to return the case to the circuit court for further proceedings consistent with the United States Supreme Court’s decision in Wos.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, and PERRY, JJ„ concur.
CANADY and POLSTON, JJ„ dissent.
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Iala Suarez v. Port Charlotte HMA, LLC, 171 So. 3d 740 (Fla. 2d DCA 2015)…he Medicaid Act to the extent it required payment beyond that shown to be for med [*743] ical expenses. See, e.g., Agency for Health Care Admin, v. Riley, 119 So. 3d 514, 515 (Fla. 2d DCA 2013); see also Garcon v. Fla. Agency for Health Care Admin., 150 So. 3d 1101, 1102 (Fla.2014); Harrell v. State, 143 So. 3d 478, 480 (Fla. 1st DCA 2014); Davis v. Roberts, 130 So. 3d 264, 269 (Fla. 5th DCA 2013); Agency for Health Care Admin, v. Williams, 127 So. 3d 854, 855 (Fla. 4th DCA 2013). Suarez should be given an opp…
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Authorities Cited
- Wos v. E. M. A., 568 U.S. 627 (U.S. 2013)
- Roberts v. Albertson's Inc., 119 So. 3d 457 (Fla. 4th DCA 2012)
- Guardian v. Agency for Health Care Admin., 24 So. 3d 590 (Fla. 5th DCA 2009)
- Nadia Garcon and Joshua D. Robinson v. Agency for Health Care Admin., 96 So. 3d 472 (Fla. 3d DCA 2012)
- Kaitlyn Harrell v. State, 143 So. 3d 478 (Fla. 1st DCA 2014)