Last week Verisk Casualty Solutions proudly attended the 77th Annual Workers' Compensation Educational Conference and 34th Safety & Health Conference in Orlando, FL!
In a new Florida Medicaid decision, the U.S. Circuit Court of Appeals for the Eleventh Circuit, in Gallardo v. Dudek, 2020 ruled Florida Medicaid may seek recovery of payments made for a beneficiary’s treatment from the amounts of a settlement agreement representing both past and future medical care.
Within broad federal requirements, states and territories have significant flexibility in program design and administration, resulting in 56 unique Medicaid programs.
This ruling by the federal district court for the Southern District of Texas places it in line with a growing number of decisions from other jurisdictions finding that MAPs enjoy private cause of action rights under the MSP.
Historically, state Medicaid agencies have been rather flat-footed in making efforts to identify and recoup erroneous payments from non-group health entities. In recent months, however, a number of state Medicaid agencies have more vigorously asserted their recovery rights.