Personal Injury and Medicare

Asked about 3 years ago - Rutland, VT

After I fell from ladder, had surgery etc.. I got a letter from ladies insurance company demanding my Medicare Info. I am not comfortable with this. Quoting Section 111 of Medicare,Medicare, Ship Extension Act of 2007.
Do I have to give them this info, it is my social number as well.

Attorney answers (4)

  1. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.Your attorney can assess the appropriateness of providing your Medicare/Social Security number to the adverse party's insurance carrier. (Medical set-asides, mentioned by an attorney above, are not currently required under federal regulations as they pertain to personal injury claims which are not work-related.)

    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.

  2. Jeffrey Mark Adams

    Contributor Level 20

    Answered . Simply answer is yes. Better answer is to retain an attorney. Failing off of the ladder may have been the result of negligence, handling your own case is equally negligent or more.

    The insurance company does this every day, you don't. Have someone to advocate and protect your interests. Jeff

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . Yes, insurance companies are in fact required to coordinate all benefits and the medicare regulations require this disclosure. Many states also have statutes that require that anyone initiating a claim for injuries must disclose social security number.

    The above is true in the states in which I represent personal injury clients. However, this is fairly universal.

  4. Daniel C. Cuppett

    Contributor Level 9

    Answered . Insurance companies now have some responsibility for determining whether a claimant is getting Medicare and therefore might have had accident related medical bills paid by Medicare. This is because Medicare has very specific rights by law entitling it to be paid back for related bills that it paid and possibly even future bills (called a Medicare set-aside). It is very complicated and you should definitely talk to a lawyer in your area right away to make sure you understand your rights.

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