Month: December 2011

The Federal Medicare statute provides that Medicare is only a right of subrogation. It is not a lien. If the personal injury claimant recovers and collects Medicare’s money, then an “equitable lien” is created. In the absence of that factor, no money should have to be repaid to Medicare out of the personal injury settlement or verdict. However, Administrative Protocol must be strictly followed. An Alternative may be to Sue the U. S. as a Defendant in your Primary Suit in Federal Court