GARCIA v. DEPT. OF CHILDREN AND FAMILIES

No. 3D12-834.

106 So.3d 961 (2013)

Sergio GARCIA, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, Third District.

January 30, 2013.


Attorney(s) appearing for the Case

George W. Chesrow , P.A., and Sergio Garcia-Pages , for appellant.

Javier A. Ley-Soto , Regional Counsel for the Department of Children and Families, for appellee.

Before CORTIÑAS, FERNANDEZ and LOGUE, JJ.


FERNANDEZ, J.

Sergio Garcia appeals the final order of the Florida Department of Children and Families (DCF), Office of Appeals Hearings, affirming DCF's action to establish two claims of overpayment of Medicaid assistance against Garcia in the sum of $42,716.53. We reverse, concluding that DCF is not authorized to collect from Garcia $31,155.53 in first period Medicaid benefits, which he was eligible to receive and is entitled to retain.

The facts of the...

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