Medicare and Personal Injury Settlements
Posted By Garrett Riley || Aug 8, 2013
If you are a Medicare beneficiary and are injured in an accident, there are certain things to be aware of regarding your personal injury settlement. Whenever a Medicare recipient settles a personal injury claim, Federal law creates an obligation for the injured party and their attorneys to reimburse Medicare out of the settlement proceeds for any money that Medicare paid towards the medical care of the injured party related to the claim. Failure to reimburse Medicare could result in an action brought by Medicare to seek reimbursement in an amount of double than they actually paid towards the medical care, plus interest. This makes it extremely important to follow the guidelines and the law related to Medicare and personal injury settlements.
One of the first things that should be done in case involving a Medicare beneficiary is to find out how much Medicare has paid to the doctors and providers who have treated the injuries related to the claim. This process involves putting Medicare on notice that a settlement has been reached or is pending and requesting a printout of what Medicare has paid and the amount that they are seeking for reimbursement. Once communication is opened with Medicare regarding any liens or requests they have for reimbursement, a settlement with Medicare must be negotiated. Sometimes there is enough money from the settlement proceeds to pay the Medicare lien in full. Other times, the attorneys must work with Medicare to negotiate the Medicare payment request down in order to have enough funds from the settlement to pay other medical providers and compensate the injured person for their pain and suffering. Future medical expenses may also be a part of the negotiations if the injured party will require treatment into the future in a dollar amount that is undetermined and for which Medicare may have to pay for after the claim settles. The laws and regulations regarding Medicare liens on personal injury settlements are important, change often, and can have dire consequences if not properly followed. The attorneys at Givens Givens Sparks can help guide you through any insurance issue related to your personal injury case so call today for a free case evaluation.