Protecting Your Injury Claim Award From Medicaid

Are you involved in a personal injury lawsuit? Did you know that Medicaid may be entitled to a portion of your award if you win your case?

Legal issues dealing with subrogation rights of Medicaid are extremely complex. Therefore, it is vitally important that you hire a law firm with a full understanding of these issues. At Quinn, Buseck, Leemhuis, Toohey & Kroto, Inc., our lawyers possess the skill, knowledge and experience to help you navigate these treacherous waters.

Let Our Attorneys Help You Avoid Medicaid's Right To Subrogation

Medicaid, which is administered by the Department of Public Welfare (DPW) in Pennsylvania, is not entitled to an automatic lien on your settlement, referred to as subrogation. DPW must intervene in your case and actively assert its right of subrogation. In an attempt to get around this restriction, DPW has created strict notice requirements that you must follow in order to keep all the benefits to which you are entitled.

Helping You Follow The Strict Medicaid Requirements

DPW must be notified even if you do not intend to seek recovery of medical expenses. If you do not reach an agreement with DPW regarding its subrogation claim in advance, it may temporarily block your recovery. If you settle your personal injury claim before receiving approval from DPW, it may obtain a court order to set aside your settlement or freeze your recovery until its subrogation claim is satisfied. Remember that DPW is entitled to reimbursement and may actively seek that reimbursement. It is crucial that your lawyer negotiate a fair settlement with DPW in advance, and maximize any possible compensation.

DPW may also notify the defendant's insurance company that it plans to intervene. It may require the defendant's insurance company to negotiate with it directly, or to withhold payment until you negotiate a settlement of DPW's subrogation claim. Additionally, the defendant's insurer may require you to negotiate with DPW before it will compensate you. Therefore, both DPW and the defendant's insurance company will force you to address the subrogation issue.

Medicaid recipients must also be mindful of the fact that a large settlement payment may cause a person to lose Medicaid eligibility. Quinn, Buseck, Leemhuis, Toohey & Kroto, Inc.'s team approach allows for the planning to lessen the impact of your Medicaid eligibility.

Free Consultations ~ Experienced Assistance ~ Maximizing Your Recovery

Contact an Erie personal injury attorney today for a free consultation to discuss how we can help you protect your rights and get the most out of your injury case. We have more than 80 years of experience representing clients in similar situations to yours. We know how to maximize your financial recovery with minimal risk.

Call us in Erie at 814-833-2222 or from any location at 866-641-8996 to schedule your free initial consultation. You may also send us an email with your contact information.