Why Does Medicare Place A Lien On Injury Settlements?

Dealing with a Medicare lien while recovering from an accident can be overwhelming, but you don’t have to face it alone. You may encounter this situation if you received care after a traffic incident that was covered by Medicare and then later pursued a recovery claim.
Understanding how Medicare liens work and how to maximize your financial recovery is part of protecting your financial future. An experienced Orlando personal injury attorney can guide you through the process to ensure you get the compensation you deserve.
Steps to Managing a Medicare Lien After an Accident
A Medicare lien arises when Medicare pays for medical treatment related to an injury caused by a third party, such as a negligent driver. Under federal law, Medicare has the right to be reimbursed for those medical costs if you receive a settlement, judgment, or other compensation from an injury claim. This is known as Medicare’s right of recovery or subrogation, and it is enforced through a lien on your personal injury settlement.
So, when negotiating a car accident settlement, any Medicare-covered medical expenses must be taken into account. Before you receive compensation, the insurance company or your attorney must ensure that Medicare’s lien is satisfied. This can reduce the amount of your final payout if not handled correctly.
If you are a Medicare recipient injured in a car accident, follow these steps to manage any potential liens effectively:
- Let Medicare know about the accident injury. Notify the Medicare Coordination of Benefits and Recovery Contractor (BCRC) about your accident. Your attorney can handle this step for you to ensure compliance with Medicare’s requirements.
- Track healthcare expenses. Keep records of all medical bills related to your injury. Medicare will review these charges when determining the lien amount.
- Request a conditional payment letter. A conditional letter details the medical expenses Medicare has covered related to your injury. Your lawyer can review it to ensure only accident-related costs are included.
- Negotiate the lien amount. Medicare may accept a reduced amount, especially if your settlement is insufficient to cover all your losses. An attorney can negotiate on your behalf.
- Ensure proper repayment. Once your case is settled, your lawyer will coordinate repayment to Medicare and ensure the lien is satisfied so that you can receive your final settlement amount.
An Orlando personal injury attorney with experience in car accident claims knows how to be sure you are accessing your full and fair recovery amount. Beyond addressing a Medicare lien, a lawyer can share all available financial resources with you. Such as claims against the at-fault driver, looking into uninsured/underinsured motorist coverage, benefits under Florida’s no-fault insurance system, and medical payment coverage.
Get Legal Help for Your Car Accident Claim
Are you perplexed about a lien reduction? The talented attorneys at Israoui Law can help you navigate the process, negotiate lien reductions, and maximize your compensation. If you’ve been injured in a crash, contact a legal professional today to ensure you receive financial support. To access the personal attention you deserve, call 407-381-4529. Always speak to an experienced Orlando accident lawyer before speaking to any insurance company.