Health Insurance Liens

Medicaid Liens

Subrogation  is, in the context or tort law, by statute or contract or both, the legal process of reimbursement. For example, many health insurance companies have language in their contracts with policyholders (check yours now) which state that the health insurance company is to be repaid the money it spent on your behalf to doctors, hospitals, and other health care, as the result of an injury caused by someone else.

If and when you receive compensation in the form of money damages – whether through settlements or payment of verdicts and judgments – then the health insurance company may claim a lien on the amount it paid for your health care.

In Florida, by statute public hospitals in some instances may refuse to bill your health insurance and instead claim a lien on any settlement you may recover.

Medicare Liens

Currently, Medicare beneficiaries are required to repay Medicare for health care related to their injury or injuries which is/are subject of a personal injury claim. 42 U.S.C. § 1395y(b)(2)(B)(ii); 42 CFR § 411.24(g). This means Medicare is a “Super Lien.”

This means that Medicare has priority over all other liens, including private health insurance, direct balances owed to health care providers, and any other sources claiming a right to repayment.  They get paid before you do!

If you do not protect Medicare's lien, then you as a Medicare beneficiary run several risks:

• Loss of your Medicare benefits; and
• Monetary penalties and fines.

Under the law, the attorneys and insurance companies can also be held liable to Medicare. Unfortunately, too many attorneys “dabble” in personal injury and wrongful death cases, and do not understand nor take action quickly in dealing with liens by Medicare and health insurance companies. You, the consumer, are being exposed to potential problems down the road that you cannot afford, mentally or financially.

So what does this mean for your case? You and your injury attorney have to take into account that health insurance, and particularly Medicare, expects to be repaid for medical bills they paid on your behalf as the result of an injury caused by another's negligence. Repaying Medicare and other health insurance providers is not optional – it is required – and too many lawyers miss this fact.

As part of my evaluation of your case, we consider the amounts (if any) to be repaid to your health insurers, including Medicare. 

Experienced Personal Injury Attorneys 

At our personal injury law firm, our accident attorneys handle serious injury cases.  Subrogation and repayment of liens and subrogation claims made by health insurance companies and Medicare has to be factored into your case evaluation. Unfortunately, not enough attorneys do this.

If you have been seriously injured, or lost a loved one, because another’s negligence, or a company’s misconduct, then you should contact an experienced, dedicated, personal injury lawyer at our firm.

Our hallmarks of service include prompt investigation, efficient service, and pushing your claim or case quickly to achieve results.  Injured in a car crash, motorcycle accident, truck crash, or auto accident?  Then contact us today.

We're Here to Help - Throughout Florida and Beyond