Davis v. Roberts’s Empirical Analysis
2013
Citation profile
5 state decisions
Relationships
Applies 42 U.S.C. § 1396P (§ 1917 of the Social Security Act of 1935)
Relies on Arkansas Department of Health and Human Services v Ahlborn · Michigan Workers' Compensation Insurance Agency v. Ace American Insurance · Wos v. E. M. A. Ex Rel. Johnson · E.M.A. ex rel. Plyler v. Cansler · Roberts v. Albertson's Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Notwithstanding any provision in this section to the contrary, in the event of an action in tort against a third party in which the recipient or his or her legal representative is a party which results in a judgment, award, or settlement from a third party, the amount recovered shall be distributed as follows: 1. After attorney’s fees and taxable costs as defined by the Florida Rules of Civil Procedure, one-half of the remaining recovery shall be paid to [AHCA] up to the total amount of medical assistance provided by Medicaid. 2. The remaining amount of the recovery shall be paid to the recipient. 8. For purposes of calculating the agency’s recovery of medical assistance benefits paid, the fee for services of an attorney retained by the recipient or his or her legal representative shall be calculated at 25 percent of the judgment, award, or settlement.”
1 later decision quote this exact passage“(17)(b) A [Medicaid] recipient may contest the amount designated as recovered medical expense damages payable to the agency pursuant to the formula in paragraph (ll)(f) by filing a petition under chapter 120 .... In order to successfully challenge the amount payable to the agency, the [Medicaid] recipient must prove, by clear and convincing evidence, that a lesser portion of the total [settlement] recovery should be allocated as reimbursement for past and future medical expenses than the amount calculated by the agency pursuant to the formula set forth in paragraph (ll)(f) ....”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.