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The injuries I suffered from being rear-ended by another driver were paid for by Medicare.

Waco, TX |

I filed suit on the very last day Texas law allowed me to do so, well after the time I had my surgeries and Medicare paid for them. If I now win my suit, do I have any responsibility to repay Medicare, or will it be totally the responsibility of the other driver's insurance company?

Attorney Answers 6

Posted

You still have to repay Medicare. The right lawyer will work very hard to help you keep as much of what you win as possible.

••••• Sent Mobile •••••

Marc C. Lenahan
Lenahan Law, P.L.L.C.
SevereInjuryLawFirm.com

214•295•1008
214•295•2664 fax
888•482•2820 toll-free

2655 Villa Creek, Suite 204
Dallas, Texas 75235
Law@Lenahan.com

Advisory Board Member,
National Crime Victims Bar Association

Board Member,
Brain Injury Association of Texas

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Posted

I know that you asked an "either or" question, but the answer is both. You have an obligation to address the Medicare lien. That obligation remains with you regardless if you flied on the first day or the last day. This is why your attorney needs to negotiate the highest possible settlement - or hope to get a very high verdict. Medicare's lien is statutory in nature, meaning that the other driver's insurance company has an obligation to address the lien prior to making any payout. Experienced attorneys negotiate such liens and the process should start as early as possible.

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Posted

The Medicare Secondary Payor Act is intended to reimburse Medicare from tort recoveries. The settling party's insurer will likely insist on withholding money to satisfy Medicare's interest. With a good plaintiff's lawyer, the amount due to Medicare could be reduced or even waived, depending on the facts.

John Zgourides
Http://zgourides.com

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

Yes. It is a complicated and time consuming process, but your lawyer will have to work with Medicare to calculate and repay their lien. There is a federal statute which mandates this be done.

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Posted

By federal law, Medicare has a right to be reimbursed. You should consult an attorney in your area to handle your entire claim/lawsuit.

All responses on this site by this attorney are considered practical & general and does not constitute absolute or final legal advice. It is always best to consult a lawyer in your area on your exact case/claim. Each state has different laws, statutes of limitations and regulations. This lawyer is only licensed in the State of Texas.

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Posted

Any medical treatment for injuries resulting from the car accident that was paid for by Medicare will have to be reimbursed to Medicare. This is done if there is any settlement or recovery in your case.

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