ENGLICH v. AGENCY FOR HEALTHCARE ADMIN.

No. 4D04-4546.

916 So.2d 994 (2005)

Gerald ENGLICH, Appellant, v. AGENCY FOR HEALTHCARE ADMINISTRATION, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 2005.


Attorney(s) appearing for the Case

Patrice A. Talisman of Hersch & Talisman, P.A., Miami, and Kenneth Bush of Kutner, Rubinoff & Bush, Miami, for appellant.

D. Finn Pressly and Hala A. Sandridge of Fowler, White, Boggs & Banker, P.A., Tampa, and Floyd B. Faglie, Tallahassee, for appellee.


MAY, J.

The interplay between Florida's Wrongful Death Act1 and Medicaid Third-Party Liability Act2 set the stage for this appeal. The plaintiff, the personal representative and surviving spouse of the decedent, appeals an order requiring the proceeds of a wrongful death settlement to pay a Medicaid lien in full. He argues the court erred in failing to reduce the amount to be paid to Medicaid because the survivors...

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