I was in an accident December 17 2015. I was on Medicaid until January 31 2016. Then my boyfriends car insurance paid for my doctor visit until it became exhausted. I am waiting on my settlement now and Medicaid is wanting money from it whenever my Medicaid ended and the car insurance took over. Can medicad get money still...This is in the state of florida..My attorney never answered my question...so maybe someone can help
Yes, Medicaid is entitled to reimbursement for any monies paid for you medical treatment as a result of the accident. Further, if you do end up with a cash settlement you may lose your Medicaid benefits moving forward bc the settlement may disqualify you. This is a very specific and detailed area of tort law and your attorney needs to have a strong knowledge base so as not to cause you to lose your benefits. There are notice letters that must be sent out prior to receiving any settlement funds, these reimbursements can potentially be negotiated, and there may be some legal purchases/investment strategies available so that the cash settlement doesn't disqualify you from future benefits. I would ask your lawyer very specific questions here and if they don't know any of the answers then that is not a great sign.
Medicaid has a right of subrogation against any monies received by you, either through a settlement or a verdict, for payments made for medical treatment of injuries arising from the accident. Make sure that they are paid from the proceeds to avoid any potential issues down the road.
Please be advised, this information is being provided on an informational basis only. No attorney/client relationship has been created as a result of any information provided by Lauren Calta, Esquire. Legal matters are of significant importance and the selection of an attorney is an important decision. In addition to the information provided in this response, it is always strongly suggested that you seek the advice of an attorney.
Yes, Medicaid can recover (and the insurance company and your attorney are supposed to help them) money they spent for your medical care. Your attorney should be able to negotiate the amount down unless you are getting a very large settlement and the Medicaid subrogation claim is small.
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