In May 2010, Humana brought an action against Mrs. Michelson may keep as additional attorney's fees any portion of those funds she can avoid having to reimburse to Humana. Michelson and the Reales have agreed that Ms. The Reales, through counsel, declined to reimburse Humana in the amount requested and did not initiate an administrative appeal of Humana's determination. Michelson with a payment report and informed her of its determination that it was entitled to reimbursement of the full amount of conditional Medicare benefits it provided. In a letter dated March 11, 2010, Humana presented Ms. The Reales' attorney, Donna Michelson, has set aside, in trust, sufficient funds for the amount of benefits paid by Humana. Reale's economic and non-economic damages and Mr. The parties settled the lawsuit in the amount of $135,000 for Mrs. Reale and her husband, August Reale, filed a personal injury action against the Hamptons West Condominiums, a home health aide who was accused of causing the fall, and a resident of Hamptons West who employed the home health aide. The parties have stipulated that Humana expended $19,155. Between the date of the fall and April 2009, Humana paid conditional Medicare benefits for Mrs. Reale sustained injuries resulting from a fall at Hamptons West Condominiums. At all relevant times, Mary Reale, the appellee, was enrolled in a Humana Medicare Advantage plan (Humana Gold Plus H1036–054C). Humana, the appellant in this case, administers Medicare benefits to enrollees in its Medicare Advantage plans pursuant to a contract with the Centers for Medicare and Medical Services. Because we find that the court below did not have subject-matter jurisdiction to review this dispute and that Florida's collateral sources of indemnity statute is on its face inapplicable, and Florida subrogation law is expressly preempted by the Medicare Act, we vacate the judgment below and reverse and remand with instructions to dismiss the complaint. Humana Medical Plan, Inc., a Medicare Advantage organization, appeals a final judgment determining its right to reimbursement of conditional Medicare payments under Florida subrogation law, including Florida's collateral sources of indemnity statute, section 768.76, Florida Statutes (2012). Kuntz (Fort Lauderdale) Lawrence & Russell and Eileen Kuo (Memphis, TN), for appellant. Miller Baker (Washington, DC) GrayRobinson and Daniel Alter and Jeffrey T. Decided: December 02, 2015īefore SHEPHERD, ROTHENBERG and SALTER, JJ.
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