SCOTUS to Decide Whether Florida Can Take $300,000 in Settlement Funds Meant for Child in Vegetative

[Yo_Mama_Been_Loggin]

Source: Law & Crime

State and Offset Medicaid Expenses

The Supreme Court of the United States heard oral arguments Monday in Gallardo v. Marstiller, a case that asks the justices to set a clear rule as to whether states can recoup Medicaid payments through tort victims’ settlement payouts.

Gianinna Gallardo was 13 in 2008 when she was hit by a pickup truck after getting off a schoolbus. Gianinna’s tragic injuries placed her in a vegetative state, where she remains to this day. Her parents filed a lawsuit against the truck driver, the trucking company, and the school district, and were awarded an $800,000 settlement meant to pay for both past and future medical care. Florida’s Medicaid agency — the entity that paid for most of Gianinna’s treatment — sought to recover $300,000 of that settlement as reimbursement for past medical expenses.

The U.S. Court of Appeals for the 11th Circuit allowed Florida to pursue the $300,000. However, as the Gallardos argue, many other jurisdictions (including the Florida Supreme Court) would not allow Florida to invade the Gallardos’ compensatory legal settlement. The main point at issue is whether the Medicaid statute allows Florida to “recover” for payments not yet made for future medical expenses. Florida argues that although the settlement was partially earmarked for future expenses, it is at least entitled to compensation for those payments already made.

The U.S. Department of Justice (DOJ) filed an amicus brief in the case supporting the Gallardos’ position.

Read more: https://www.msn.com/en-us/news/crime/scotus-to-decide-whether-florida-can-take-300-000-in-settlement-funds-meant-for-child-in-vegetative-state-and-offset-medicaid-expenses/ar-AASDcWQ

[Casady1]

1. No chance that she gets to keep the money

This a corporate SC. They always defend the powerful.

[jimfields33]

3. They better give it for services already rendered.

That’s what the money is for. This is one area I hope the Supreme Court rules for Medicaid.

[iluvtennis]

2. Fingers crossed that Florida loses this one. Florida goes lower and lower everyday 🙁 n/t

[jimfields33]

4. Maybe I'm confused. Whose going to pay the 300K Medicaid already spent?

[Lonestarblue]

10. The $300k would come from the $800k settlement, leaving only $500k for a lifetime of future support.

Under the ACA Medicaid expansion, the federal government pays 90% of the cost. I would question whether Florida paid $$300 or $30k as the federal government would pay 90%. Or was the $300,000 their portion. Given it’s cheating Florida, who knows.

[Jacson6]

11. Your figures are off. The Attorny(s) received 33-40% of the settlement plus their legal costs.

At 33% they received $264,000 of that settlement.

[AZLD4Candidate]

6. I wouldn't live in Florida (or Texas) for anything.

[ShazzieB]

19. Me, neither.

[cinematicdiversions]

13. Honestly I think the taxpayers should be reimbursed on this one. NT

[bucolic_frolic]

5. As settlements go, 800k is not a lot for medical care

Can't see what Medicaid is covering if they don't pay the medical bills their patients incur.

Did these folks get a pain and suffering, loss of limb, lifetime wage loss? Maybe separately? Sad to put a $ on these things, but the loss of life's earnings in a young person is worth a lot more than the lost earnings of an old person.

[Rocknation]

7. Talk about wanting to have it both ways

Last edited Tue Jan 11, 2022, 12:05 PM - Edit history (9)

Paying out that $300K is Medicare's JOB -- they didn't get "cheated," the victim did. If they want reimbursement of what they've spent and/or must continue to spend, let them take their own legal action against the perpetrator.

If they win this case, the money should be "recycled" into paying the victim's next $300K worth of care -- and then, not a penny more.


Rocknation

[Vinca]

8. Well, it's a pay me now or pay me later kind of thing here. Florida might recover the

$300,000 from them, but $800,000 over a lifetime of care for a person in a vegetative state is a drop in the bucket. They'll be on the hook for Medicaid payments for her far beyond $300,000. Florida should drop it and let the family use the $800,000 to improve their living conditions which are not something covered by Medicaid, but which the injured girl can benefit from (unless she's in an institution of some kind, of course).

[Pas-de-Calais]

9. Truly disgusting form of humanity on display here

Now the parents must endure more in order to keep what was decided was theirs.

Florida sucks

[Marthe48]

12. My husband had cancer and passed away in 2017

He was in class action asbestos lawsuits and after he died, his lawyers escalated the claims. I've been getting notices from a collection company that if there are any settlements paid, Medicare wants reimbursement for the home health he had the last 3 weeks of his life ($4000.00 for 7 15 minute visits, where they basically comminserated) I don't think they earned $4000.00, and I wonder why they can claim, when he had Medicare, paid those premiums plus paid premiums for the gap insurance we had.

I hope the family gets to keep the settlement money. To live with a gravely injured child and have the hope of funds for her care taken away is sad. Why doesn't Medicaid sue the truckdriver and get their money from the people who caused the child to be hurt so bad?

[iluvtennis]

14. So sad to hear about how your hubby was treated - it's disgusting. Like you, hoping family gets the

full settlement (...less lawyers fees of course...)

[Marthe48]

16. Thank you

There wasn't much they could do, treatment or visits No one could do what we hoped. The date of his death is coming up and our children and I still have unresolved feelings about that whole time. Closer to the surface at certain times.

[iluvtennis]

17. Hugs to you and your children

[Marthe48]

18. Thank you again

[alphafemale]

15. It sounds as if that money is owed for medical expenses that were given.

It was a tragedy but you still have to pay for what is owed.

That does sound like a paltry sum for care going on 13 years now.

I was in the hospital just a couple days last year and it was over 30K