This stipulation to a less-stringent burden than the "clear and convincing" standard expressed in section 409.910(17)(b) avoided any conflict with overriding federal law. In Gallardo v. Senior , No. 4:16CV116-MW/CAS, 2017 WL 3081816 *7 (N.D. Fla. July 18, 2017), the federal court reiterated its declaration in an earlier stage of that proceeding, that "the [Florida] reimbursement statute's clear and convincing burden is preempted by the federal Medicaid Act even though DOAH — not AHCA — applies that standard." Roller testified under oath at the administrative hearing as counsel of record for Rodriguez's civil lawsuit, without objection by counsel for AHCA.

Moreover, even if the ALJ's view about the unavailability of a remedy was correct, that still would not have justified dismissal of the petition for lack of jurisdiction; at most, it would have justified denial of the petition on the merits. 263 F.Supp.3d 1247 (N.D. Fla. 2017) (Walker, J.) (holding that section 409.910, Florida Statutes, is preempted by the federal Medicaid Act insofar as the statute (1) allows AHCA to seek reimbursement of its past Medicaid payments from the portion of the Medicaid recipient's tort recovery that represents future medical expenses, and (2) requires proof by clear and convincing evidence when the recipient challenges the amount of AHCA's statutorily-calculated lien), clarified on rehearing sub nom,Gallardo v. Senior , 2017 WL 3081816 (N.D. Fla. July 18, 2017), appeal filed , No. 17-13693 (11th Cir. Aug. 17, 2017). AccordGiraldo v. Agency for Health Care Admin. , 248 So.3d 53, 56 (Fla. 2018) (holding that "federal law allows AHCA to lien only the past medical expenses portion of a Medicaid beneficiary's third-party tort recovery to satisfy its Medicaid lien").