From time to time, clients ask Allan and myself whether they have to repay Medicaid or Medicare out of their settlements or verdicts? The answer is an emphatic YES but with some qualifications.
Usually these situations are addressed long before as federal law requires that the lawyers for injured victims and liability insurers for at-fault people and companies, take responsibility for ascertaining what if any monies are owed.
Most liability insurers take the lead early in any injury case by requiring that the claimant fill out a form about their eligibiity for Medicare and Medicaid payment of their acccident-related bills.
This zeal for looking out for government medical payments of accident-related medical expenses is a by-product of tightening the applicable federal law such that insurers and plaintiff's lawyers will be obliged to make repayment out of their own pockets if they fail to do so out of settlements or verdicts.
Typically this is accomplished through CMS or the Centers for Medicare and Medicaid Services, which can be reached at (800) 633-4227 and which uses your social security nimber to ascertain what if anything you owe.
The process can take time and sometimes can be complex and the language of the so-called conditional payment letter can be obtuse. Dealing with such matters is often better left to an experienced personal injury attorney.