Gallardo v. Mayhew
Docket Number | 17-13693 |
Decision Date | 26 June 2020 |
Plaintiff sought declaratory and injunctive relief to prevent the Florida Agency for Health Care Administration (FAHCA) from recovering beyond that portion of her settlement specifically designated by the settling parties as compensation for her past medical expenses
The Eleventh Circuit reversed the district court's grant of summary judgment in favor of plaintiff. As a preliminary matter, the court held that the parties' unilateral allocation does not bind FAHCA. On the merits, the court...
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4 cases
- United States v. Singer
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Fuerst v. Hous. Auth. of Atlanta
..."reasonable belief" and a "reasonable belief" of "gross mismanagement" for § 4712(a)(1) purposes. See Tigua , 963 F.3d at 1143 ; Dudek , 963 F.3d at 1178 n.15. Accordingly, § 4712(a) requires that an eligible person "reasonably believe[ ]" that her disclosure evidences gross mismanagement. ......
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Gallardo By and Through Vassallo v. Marstiller
...prohibit a State from asserting a lien against any part of a settlement not ‘designated as payments for medical care.’ " Gallardo v. Dudek , 963 F.3d 1167, 1176 (2020) (quoting Ahlborn , 547 U.S. at 284, 126 S.Ct. 1752 ). The Eleventh Circuit explained that the relevant Medicaid Act provisi......
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Gallardo v. Dudek, No. 17-13693
...specially in part and dissenting in part).Two years later, this court held just the opposite. See Gallardo by & through Vassallo v. Dudek , 963 F.3d 1167, 1171 (11th Cir. 2020). A fractured panel dismissed the Florida Supreme Court's construction of the Medicaid Act as a "mistake in logic."......