How long does it take Medicare and Medicaid to lift a lien

Asked 4 months ago - Merced, CA

My family and i along with other people was victims contamination claim

Attorney answers (3)

  1. Cheryl Sellers Johnson

    Contributor Level 12


    Lawyers agree

    Answered . Medicare generally does not attach liens to property. This often is an act by Medicaid to recover funds it spent on a person who received Medicaid for long term care, such as Nursing Home or Assisted Living care. Medicaid generally will lift the lien when it is fully reimbursed for the money it spent. Also, Medicaid generally will not begin collecting on the lien until after the Medicaid recipient has died or the property has been sold. You should speak with an Elder Law attorney in your area for more guidance.

    Please note that the goal of this response is to share general legal principles. This response does not create an... more
  2. Kelly Scott Davis


    Contributor Level 19


    Lawyers agree

    Answered . The short answer is when Medicaid has been reimbursed, but there appears to be much more to your question. If you want a more complete answer, you need to sit down with an experienced elder law attorney and provide much more information than is contained in your posting.

    Responses provided on Avvo are for general informational purposes only, based upon the limited information that is... more
  3. Lawrence A Friedman

    Contributor Level 18


    Lawyers agree

    Answered . Once the Medicaid/Medicare claim is fully paid, they should issue a fully paid notice that will allow for distribution. You should consult a local lawyer especially since the rules differ depending on whether the claim is from litigation or against an estate.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more

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