GALLARDO v. DUDEK
Plaintiff: GIANINNA GALLARDO
Defendant: ELIZABETH DUDEK
Case Number: 4:2016cv00116
Filed: February 22, 2016
Court: US District Court for the Northern District of Florida
Office: Tallahassee Office
County: Leon
Presiding Judge: MARK E WALKER
Presiding Judge: CHARLES A STAMPELOS
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

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Date Filed Document Text
July 18, 2017 Opinion or Order Filing 59 ORDER GRANTING IN PART AND DENYING IN PART MOTION TO ALTER OR AMEND JUDGMENT - AHCA's Motion to Alter or Amend the Judgment and for Relief from Judgment, ECF No. 44 , is GRANTED in part and DENIED in part. AHCA's moti on is GRANTED to the extent that it seeks an amendment clarifying the injunction's scope. The balance of AHCAs motion is DENIED. The Clerk shall enter a second amended judgment stating: Gianinna Gallardo, an incapacitated person, by and throu gh her parents and co- guardians, Pilar Vassallo and Walter Gallardo, successfully proved that portions of § 409.910(11)(f), Fla. Stat. (2016) and § 409.910(17)(b), Fla. Stat. (2016) are preempted by federal law. It is declared that the f ederal Medicaid Act prohibits the State of Florida Agency for Health Care Administration from seeking reimbursement of past Medicaid payments from portions of a recipients recovery that represents future medical expenses. The State of Florida Agen cy for Health Care Administration is therefore enjoined from doing just that: seeking reimbursement of past Medicaid payments from portions of a recipient's recovery that represents future medical expenses. It is also declared that the federa l Medicaid Act prohibits the State of Florida from requiring a Medicaid recipient to affirmatively disprove § 409.910 (17)(b)'s formula-based allocation with clear and convincing evidence to successfully challenge it where, as here, that allocation is arbitrary and there is no evidence that it is likely to yield reasonable results in the mine run of cases. Signed by JUDGE MARK E WALKER on 7/18/2017. (cle)
April 18, 2017 Opinion or Order Filing 30 ORDER ON SUMMARY JUDGMENT MOTIONS - Gallardo's Motion for Summary Judgment, ECF No. 11 , is GRANTED. AHCA's Motion for Summary Judgment, ECF No. 13 , is DENIED. In its current form, § 409.910, Fla. Stat. (2016), is preempted by federal law; namely, 42 U.S.C. § 1396a, 42 U.S.C. § 1396k, and 42 U.S.C. § 1396p. The Clerk shall enter judgment stating: Gianinna Gallardo, an incapacitated person, by and through her parents and co-guardians, Pilar Vassallo and Walter Gallardo, successfully proved that portions of § 409.910(17)(b), Fla. Stat. (2016) are preempted by federal law. The State of Florida Agency for Health Care Administration is therefore enjoined from enforcing that statute in its current form. It is declared that the federal Medicaid Act prohibits the State of Florida Agency for Health Care Administration from seeking reimbursement of past Medicaid payments from portions of a recipient's recovery that represents fu ture medical expenses. It is also declared that the federal Medicaid Act prohibits the State of Florida Agency for Health Care Administration from requiring a Medicaid recipient to affirmatively disprove Florida Statutes § 409.190(17)(b)'s formula-based allocation with clear and convincing evidence to successfully challenge it where, as here, that allocation is arbitrary and there is no evidence that it is likely to yield reasonable results in the mine run of cases. The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 4/18/2017. (cle)
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Plaintiff: GIANINNA GALLARDO
Represented By: FLOYD BENJAMIN FAGLIE
Represented By: BRYAN SCOTT GOWDY
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Defendant: ELIZABETH DUDEK
Represented By: ALEXANDER R BOLER
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