Accidents On Medicare Or Medicaid: The Effect Of Automatic Liens

Many Americans rely on Medicare or Medicaid, and these two programs help individuals get the medical treatment they need to be healthy. And if there’s one time where you really need Medicare or Medicaid, it’s after a car accident. You might think your Medicaid or Medicare is a total lifesaver after suffering a serious injury after an auto crash – but what happens if you use these programs to pay for your medical bills? How does this affect your personal injury settlement? And how do automatic liens come into play?

If Medicaid or Medicare Covers My Injuries, Do I Get to Keep My Settlement? 

Let’s say you were injured in a car accident and the cost of your injuries were completely covered by Medicaid or Medicare. In other words, you have no out-of-pocket expenses – except perhaps higher premiums or other minor fees. So what happens when you win your personal injury lawsuit with the help of a lawyer? Do you get to keep all of that money for yourself since your medical expenses are already covered?

The answer is almost always no. In fact, you’re legally required to pay Medicare or Medicaid back if you recover funds through settlement or a verdict.

What Happens When I Get an Automatic Lien from Medicaid or Medicare? 

Medicaid and Medicare usually have automatic liens on your personal injury settlement. A lien is essentially a claim to part of the money, and it must be paid back before you can access the rest of your settlement. In some cases, a portion of your personal injury settlement check may be sent directly to Medicare, or the check will include Medicare as a payee on the check.

Should I Still Use Medicare or Medicaid to Pay for My Injuries?

 Regardless of these issues, it’s always a good idea to use Medicare or Medicaid to pay for your injuries. This allows you to receive the treatment and prevents you from being sent to collections for unpaid bills.

Can Medicare or Medicaid Really Take My Whole Settlement? 

There are instances where the funds owed to Medicare and/or Medicaid may exceed the amount that can be collected on your claim. In some instances your attorney may be able to negotiate for a reduction in the lien amount. An experienced personal injury attorney can guide you about what the options are in your specific case.

Where Can I Find a Qualified, Experienced Personal Injury Attorney in New Hampshire? 

If you’ve been injured in an auto crash, one of the first things you need to do is call a qualified Manchester personal injury attorney. Choose the Law Office of Manning Zimmerman & Oliveira PLLC, and you can immediately get started with a reliable action plan. If you’re concerned about how your Medicaid or Medicare coverage might affect your situation, don’t worry. We can discuss these subjects – including automatic liens – during your first consultation. Book your consultation now to get started with an effective action plan.

Sources: 

aspe.hhs.gov/reports/medicaid-liens-0

medicare.gov/coverage/pain-management