SENATE AMENDMENT

    Bill No. CS for CS for SB 484

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Bankhead moved the following amendment:

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13         Senate Amendment 

14         On page 15, line 28, through

15            page 17, line 21, delete those lines

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17  and insert:

18         (f)  Notwithstanding any provision in this section to

19  the contrary, in the event of an action in tort against a

20  third party in which the recipient or his or her legal

21  representative is a party which results in a and in which the

22  amount of any judgment, award, or settlement from a third

23  party, third-party benefits, excluding medical coverage as

24  defined in subparagraph 4., after reasonable costs and

25  expenses of litigation, is an amount equal to or less than 200

26  percent of the amount of medical assistance provided by

27  Medicaid less any medical coverage paid or payable to the

28  department, then distribution of the amount recovered shall be

29  distributed as follows:

30         1.  After attorney's fees and taxable costs as defined

31  by the Florida Rules of Civil Procedure, one-half of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 484

    Amendment No.    





 1  remaining recovery shall be paid to the department up to the

 2  total amount of medical assistance provided by Medicaid.

 3         2.  The remaining amount of the recovery shall be paid

 4  to the recipient.

 5         3.  For purposes of calculating the department's

 6  recovery of medical assistance benefits paid, the fee for

 7  services of an attorney retained by the recipient or his or

 8  her legal representative shall be calculated at 25 percent of

 9  the judgment, award, or settlement.

10         4.  Notwithstanding any provision of this section to

11  the contrary, the department shall be entitled to all medical

12  coverage benefits up to the total amount of medical assistance

13  provided by Medicaid.

14         1.  Any fee for services of an attorney retained by the

15  recipient or his or her legal representative shall not exceed

16  an amount equal to 25 percent of the recovery, after

17  reasonable costs and expenses of litigation, from the

18  judgment, award, or settlement.

19         2.  After attorney's fees, two-thirds of the remaining

20  recovery shall be designated for past medical care and paid to

21  the department for medical assistance provided by Medicaid.

22         3.  The remaining amount from the recovery shall be

23  paid to the recipient.

24         4.  For purposes of this paragraph, "medical coverage"

25  means any benefits under health insurance, a health

26  maintenance organization, a preferred provider arrangement, or

27  a prepaid health clinic, and the portion of benefits

28  designated for medical payments under coverage for workers'

29  compensation, personal injury protection, and casualty.

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