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PUBLIC HEALTH TRUST v. DADE CTY. SCHOOL

No. 95-1457.

693 So.2d 562 (1996)

THE PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, an agency and instrumentality of Dade County, Florida, which operates Jackson Memorial Hospital, Appellant, v. DADE COUNTY SCHOOL BOARD, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 4, 1997.

Attorney(s) appearing for the Case

Robert A. Ginsburg, Dade County Attorney, and Jack P. Hartog and Sara A. Price, Assistant County Attorneys, for appellant.

Peters, Robertson, Lax, Parsons, Welcher, Mowers & Passaro, Geralyn M. Passaro and Gracian A. Celaya, Fort Lauderdale, for appellee Dade County School Board.

Kuvin Lewis Restani & Stettin and R. Fred Lewis, Miami, for appellee Goldfarb & Gold, P.A.

Moses E. Williams, Tallahassee, for The Agency for Health Care Administration as amicus curiae.

Caruso, Burlington, Bohn & Compiani and Philip M. Burlington, West Palm Beach for Academy of Florida Trial Lawyers as amicus curiae.

Before COPE, GERSTEN and GODERICH, JJ.

GODERICH, Judge.

The Public Health Trust of Dade County, an agency and instrumentality of Dade County, Florida, which operates Jackson Memorial Hospital [JMH], appeals from an adverse final summary judgment. The central issue presented by this appeal is whether a medical provider, after applying for and accepting Medicaid payments, may later apply to its charges any excess third-party benefits that it collects after Medicaid has been made whole. We find, as did the...

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