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GALLARDO BY AND THROUGH VASSALLO v. DUDEK

No. 17-13693.

963 F.3d 1167 (2020)

Gianinna GALLARDO, an incapacitated person, BY AND THROUGH her parents and co-guardians Pilar VASSALLO and Walter Gallardo, Plaintiff-Appellee, v. Elizabeth DUDEK, in her official capacity as Secretary of the Florida Agency for Health Care Administration, Defendant, Mary Mayhew, in her official capacity as Secretary of the Florida Agency for Health Care Administration, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 26, 2020.

Attorney(s) appearing for the Case

Bryan Scott Gowdy , Meredith Abernathy Ross , Creed & Gowdy, Jacksonville, FL, Floyd Faglie , Staunton & Faglie, PL, Monticello, FL, for Plaintiff-Appellee.

Andre V. Bardos , GrayRobinson, PA, Tallahassee, FL, Andrew Taylor Sheeran , Leslei Gayle Street , Florida Agency for Health Care Administration, Tallahassee, FL, for Defendant-Appellant.

Before WILSON, BRANCH, and ANDERSON, Circuit Judges.

This appeal requires us to decide the enforceability of Florida's statutory scheme through which it obtains reimbursement from third parties for Medicaid expenses it has paid to injured persons. Specifically at issue in this appeal is whether the Florida Agency for Health Care Administration ("FAHCA"),1<...

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