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CAN
THEY DO THAT ??
MOTOR
VEHICLE ACCIDENT -
MEDICAID
WRIGHT
& MILLS, P.A.
I WAS HURT IN A
CAR ACCIDENT AND MEDICAID PAID MY HOSPITAL
BILL. NOW THE OTHER DRIVER'S INSURANCE
COMPANY WANTS TO SETTLE WITH ME, BUT
MEDICAID WANTS ME TO PAY THEM
TOO!?
Can
they do that?
Yes
they can!
Medicaid
is a taxpayer funded health care program
for low income people. In Maine it is
administered through the Department of
Human Services.
When
Medicaid pays your medical bills for
injuries caused by the negligence of a
third party, the state is entitled to be
reimbursed for the moneys paid out on your
behalf. This is a matter of federal law
which gives Medicaid a "lien" on these
moneys.
The
same rule applies to Medicare payments
made on your behalf. Medicare is a
federally run health insurance program for
people who are on social security,
regardless of their income.
When
Medicare pays for bills for injuries
caused by the negligence of a third party,
Medicare is entitled to be paid back from
any settlement you get or from any award
of damages after a trial. By federal law
Medicare has a "lien" on any money you
receive for your
injuries.
The
reason the government has a right to be
paid is that Medicaid or Medicare have
paid out moneys on your behalf; they have
provided a benefit to you.
The
same rule applies when your private health
insurance covers medical bills after an
accident. Under state law, however, your
lawyer can negotiate the amount to be paid
back to the insurance company, depending
on the merits of the case and the size of
the settlement.
So,
when settling an accident claim, don't
forget your medical expenses, including
Medicaid or Medicare or health insurance
payments made on your
behalf.
It's
the law!
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