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

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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