Medicare and Medicaid Liens
Our Springfield Injury Lawyer Explains the Law
By: David W. Ransin
When a Medicare or Medicaid recipient sustains injuries in a car accident, truck accident or slip and fall accident, the governmental agencies that run these programs may be involved in any ensuring lawsuit. As a practicing Springfield injury lawyer for over 30 years, David W. Ransin will protect your rights and help you navigate Medicare or Medicaid’s involvement in your case.
Medicare Has a Right to Reimbursement
If you are injured by a third party, Medicare does not have to pay for your medical bills if payments are expected to be made by a primary source within 120 days. A primary source is usually an insurance company or the third party that was responsible for your accident or injury.
If it is probable that the primary source will eventually pay the bill, then Medicare may make a “conditional payment” on your behalf. The payment is conditional because Medicare expects to be repaid from insurance or a legal settlement or verdict. Medicare may place a lien on your personal injury case to ensure prompt reimbursement.
Missouri Medicaid Can Also Attach Liens to Your Lawsuit and Property
Unlike Medicare, which is available to all persons over the age of 65 or disabled, only certain lower-income people will qualify to receive Medicaid. Similar to Medicare, state-sponsored Medicaid in Missouri can also receive reimbursement from paying your medical bills after an accident or injury. Medicaid can also file liens against your lawsuit or property to ensure repayment.
Medicare and Medicaid Subrogation
Both Medicare and Medicaid also have subrogation rights, in addition to the right to receive reimbursement for medical expenses. Subrogation is a legal term that means a third party such as Medicare or Medicaid can “step into your shoes” to bring a lawsuit or be named as an additional plaintiff. As parties to your suit, these governmental agencies can participate in negotiations and trial.
Contact Ransin Injury Law Immediately After an Accident
If you receive governmental health care benefits and you have suffered a personal injury due to a third party, you need an attorney who understands Medicare and Medicaid law. These governmental agencies look out for their own interests and do not advocate for you. Springfield injury attorney David W. Ransin will ensure these governmental agencies do not step outside their legal bounds when making claims against your right to recover financial compensation. Contact our firm today to learn more information in a free, no obligation attorney consultation.