02/01/2013 01:50:55 PM EST
Appeals Court: Florida DCF Cannot Collect Medicaid Overpayment
MIAMI - The Third District Florida Court of Appeal on Jan. 30 reversed an agency decision by the Florida Department of Children and Families (DCF) Office of Appeals Hearings affirming a DCF action to establish two claims of overpayment of Medicaid assistance against a Medicaid beneficiary totaling $42,716.53. The court found that DCF failed to meet its legal obligations to properly notify the beneficiary of his need to create a qualified income trust (QIT) to help pay his nursing home bills and qualify for Medicaid assistance based upon his income (Sergio Garcia v. Department of Children and Families, No. 3D12-834, Fla. App., 3rd Dist.; 2012 Fla. App. LEXIS 1228).
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