Gallardo v. Marstiller, No. 20-1263, 2022 U.S. LEXIS 2683 (June 6, 2022)
Florida does not violate the Medicare Act by asserting a lien for 37.5% of a Medicare recipient's settlement of his claim against a third party tortfeasor for injuries treated with Medicare benefits. Under Florida law, there is a presumption that 37.5% of any personal injury settlement is paid for past and future medical expenses unless rebutted by clear and convincing… Read More