My minor daughter was on Medicaid when she was injured in a car accident 2 years ago. We also had auto insurance.

Asked over 1 year ago - Ralston, NE

I asked the hospital to send me a bill, but all they sent was a list of charges. I sent a payment of $3000 to the hospital anyway, from the settlement I received from the car insurance company. A few months later, the hospital refunded it to me without explanation. So I used the money to pay other bills, since I was out of work for a year. Now a collection agency for state Medicaid wants me to sign a release so they can view the car insurance company pay out log. What should I do? Our state kids Medicaid plan never billed me, the hospital never billed me.

Attorney answers (5)

  1. David B Pittman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I would consult an attorney. Typically if Medicaid pay for medical expenses related to a car accident, they have the right to be reimbursed out of the settlement proceeds. I would not do anything or sign anything until you get legal advice.

  2. Kevin Coluccio

    Contributor Level 20

    4

    Lawyers agree

    Answered . These issues are more complicated then you would think - you should really talk with a lawyer about coverage and subrogation interest issues. In addition, the settlement could effect medicaid coverage.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . A local personal injury lawyer should review the coverage situation.

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you had medical payments coverage or personal injury protection coverage or similar coverage in your auto policy, that should have been the primary source for payment on your daughter's medical bills. Once the car insurance is exhausted, Medicaid then picks up as a last resort for payment.

    Assuming you had an attorney assisting you in this matter, your attorney should have known to inquire whether or not Medicaid was involved in any way. Your attorney and the Defendants' insurance carrier are statutorily responsible for satisfying any Medicaid lien. I suggest you contact your attorney and have him or her work out this problem for you. If you did not have an attorney, there is a good chance that the carrier which paid the settlement also is now responsible for satisfying the Medicaid lien. I suggest you speak with an attorney about these issues if you don't currently have an attorney. I suggest you not sign anything until you have spoken with an attorney.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  5. Brendan Michael Kelly

    Pro

    Contributor Level 18

    Answered . I would refuse to sigh the form.

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