Medicare Can Affect Your Personal Injury Claim
If you suffered injuries in an accident due to a third party’s negligence and Medicare paid for your medical bills, Nevada’s seasoned personal injury attorney at Roebuck Law Firm would help you understand how Medicare can affect your Personal Injury Claim.
Medicare is a federal health insurance program that primarily benefits people over 65 years of age. It also benefits certain younger people with disabilities. It covers medical expenses incurred in an accident. However, Medicare may seek reimbursement from your personal injury settlement or award for the medical treatment they paid for. To secure its right to reimbursement, Medicare has an automatic lien on any compensation you get from your injury claim.
Unlike a private health insurance company, Medicare offers little to no room for negotiation regarding its lien amount. An experienced attorney can identify the effects of a Medicare lien on your injury settlement or award and can also help you try to negotiate down the lien. Hiring an attorney as early as possible may help you navigate this complex situation with ease.
Few Things To Remember When Dealing With Medicare
When dealing with Medicare, always keep the following points in mind:
- Notify Medicare About the Claim:Always notify Medicare if you made a personal injury claim for injuries due to an accident. You should also request a current/updated Conditional Payment Amount. This is the amount of money they have paid for your medical treatment, and thus, the maximum amount of the lien.
- Notify Medicare of Your Personal Injury Settlement or Award: As soon as your personal injury case settles or you receive an award, you should promptly notify Medicare. You can do so by filling out Medicare’s Final Settlement Detail Document, which can be found on its website. This document will breakdown the settlement/award, including the total settlement/award amount, any attorney fees you owe, and any case-related expenses you incurred. By providing this document, they will provide you with a demand for its final lien amount.
- Negotiate a Reduction:Once you receive a final lien amount, your attorney can seek to negotiate a reduction of the lien. Reduction requests are based on two things: 1) fairness; and 2) unrelated treatment. In other words, if paying the lien would result in you getting little to no money after paying back attorney fees, costs, and/or other liens, then Medicare may choose to reduce its lien. Furthermore, if any medical treatment cited in its lien is unrelated to your personal injury claim, then Medicare may choose to reduce its lien. All reduction requests must be in writing.
Any personal injury settlement or award must get reported to Medicare within 60 days. Failure to notify on time can result in substantial fines – as high as $1,000.00 per day. Furthermore, corresponding with Medicare can take several months to complete. Thus, it is critical to hire a knowledgeable personal injury lawyer to assist you in complying with the requirements and facilitate prompt communications to resolve your claim.
Roebuck Law Firm – Protecting Your Rights In Nevada
Nowadays, Medicare has become increasingly stringent in making sure that its beneficiaries reimburse them for medical treatment. It is vital to have experienced legal support to guide you through the various potential pitfalls and ensure that you secure your rightful benefits. Roebuck Law Firm’s skilled staff can help you if you have any questions about the process. Call us today for a free consultation at (702) 620-5000.