Category: Medicare and Medicaid

Many attorneys miss that when their client is charged with a Medicare lien, that if it is a no fault case, it is that carrier that must pay the bill, not the client.  Even where no fault has had an IM...

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

In most jurisdictions, all the money recovered in most personal injury actions should go to the injured Plaintiff. Avoid the conflict of interests in representing two competing parties, the injured Plaintiff and the State. Attorneys are creating "equitible liens" by suing for medical expenses in personal injury actions to the detriment of the client. In Upstate New York, Medicaid is considered to have a "lien" for a proportionate share of the recovery