My mother died from nursing home negligence I am her daughter and suing she was on Medicaid does Medicaid get paid back all the money they spent on her in the 2 years she was there.
Your attorney will know how to handle this (and to properly counsel you). Sorry for your loss.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
Medicaid is entitled to re-imbursement for the expenses paid as a result of the negligence of the Nursing Home.
In some States, Medicaid may even be a entitled to reimbursement for the amount paid for the entire time Mother was a Medicaid recipient.
I do not know the law in New Jersey (assuming Mother was receiving Medicaid payments under the New Jersey Medicaid program) To the contrary, in Texas, Medicaid would only be entitled to the payments made in connection with the negligence of the Nursing Home.
Medicaid has a super lien and does not even have to file an intervention in order to be repaid.
Since you are represented by Counsel, you should discuss this matter with your Attorney.
My answering this question does not mean that I am your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. It is recommended that you speak to an attorney in detail regarding your case. I am licensed to practice law in several states including New York, Florida and Colorado. The laws of your jurisdiction may differ. Please remember that legal proceedings involve deadlines and statutory time limiting statutes.
Medicaid is entitled to be reimbursed for some or all of the money they paid for your mother's care. The degree to which they are entitled to reimbursement varies form state to state. I suggest you contact an attorney specializing in nursing home abuse and neglect in your area.
Medicaid will have a lien. However the same can be negotiated. You should contact a medical malpractice attorney as soon as possible. If it is a State owned facility then the 90 day tort claim notice provision applies.
Medicaid will likely assert a lien on any recovery you make. However, your nursing home abuse attorney should negotiate that lien and/or file a Motion to Allocate in the probate court. Each state handles CMS/Medicare/Medicaid liens differently. Make sure to speak with your lawyer who is handling the underlying nursing home claim about your options with the Medicaid lien.
Good luck and sorry to hear about your mother,
Nothing in this answer is to be interpreted as legal advice. I would need more facts to fully assess your case. Please contact me if you have any questions.
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