Have you talked to your personal injury attorney about this situation? If not, that is the only place for you to start. If you do not have an attorney, you truly need to sit down with someone locally to make sure that you are meeting all obligations attached to receipt of your settlement dollars. I practice law in Colorado and here, if you receive a personal injury settlement, not only may you need to reimburse Medicaid for bills paid (I undertand you tell us they did not pay here), but your eligibility for Medicaid could be affected -- and in the future, Medicaid could tell you they are not paying for future care until you exhaust the dollars you've received.
I can't imagine sending anyone in to settle a case with Medicaid involved without seeking counsel from an experienced personal injury attorney.
Best of luck to you.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
I agree with counsel that you should not settle without the advice of an attorney, you can definitely create a situation where you need to have a "spend down" of your own funds until you are once again eligible for government benefits.
Depending on facts, state, etc., you may have the right to create a "SPECIAL NEEDS TRUST" where the money from the settlement is never paid by check to you but directly into a special needs fund where you can take funds out under certain rules and restrictions.
I recommend you get Medicaid eligibility advice from an attorney in person you can find one on AVVO.
AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.
They are not entitled to reimbursement for non-related treatment from your settlement but your settlement ay affect your future eligibility so I would consult an attorney to advise you how to proceed.
Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
Medicaid will want at least a portion of non-accident related money from your settlement if they can get it. The State typically asserts a lien against personal injury cases for anything they've paid in the past, whether other medical bills, welfare payments, child support, whatever. Usually attys fees and costs come off first, then accident-related medical bills if any need to be paid out of the settlement, and then the State will want to split with you whatever is left after that. There are good lawyers in the Waterbury area, talk to someone near you.
All the attorneys are correct. You may need to pay Medicare
Attorney Bonanno's answers to questions are for general purposes only and do not establish an attorney-client relationship. You should carefully consider advice from an attorney hired and who has all facts necessary to properly advise a client, which is why these answers to questions are for general purposes only and do not establish an attorney-client relationship.
This is an issue we are very often faced with in CT. Medicaid is not entitled to be paid back non-accident related medical expenses. However, DAS (Department of Administrative Services) may place a lien on your file if you had received any type of state assistance in the past, regardless of how long ago. I have had liens placed on a client's settlement by the State for assistance the client received over 20 years ago. You should definitely consult with an attorney (If you have not already done so) so as to determine what amount, if any, you owe the State.
Yes, but don't sign the release for your settlement until your attorney negotiates this lien down to 5-10 cents on the dollar. Make him earn his windfall.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Sign up to receive a 3-part series of useful information and advice about personal injury law.