In general, Medicare has a first priority, automatic right to subrogation out of a recovery by a Medicare beneficiary from a defendant or the automobile liability insurance covering that defendant. It is entitled to seek reimbursement by either independent action against the defendant or subrogation from your recovery.
Taking Into Account Significant Legal Changes
If you expect to incur future medical bills that will be covered by Medicare, there are more issues for you and your lawyer. The defendant’s insurance company is required to report your claim to the Centers for Medicare & Medicaid Services (CMS). The law may then require you to create a “set-aside.” A “set-aside” is a portion of your recovery that must be reserved for future medical expenses arising from the accident. To determine the amount reserved in the set-aside, CMS will review the settlement itself and attempt to determine how much those future expenses may be. This means that not all of your settlement would be available to you.
Helping You Understand The Complexities Of Medicare
As long as Medicare may make a demand on your accident recovery, your lawyer must be able to contend with it and plan accordingly. Legal issues dealing with subrogation rights of Medicare are extremely complex. Let our attorneys at the Quinn Law Firm of Erie guide you skillfully through this potential danger.
Fighting For Your Right To Full Compensation For Your Losses
Contact our Erie injury attorneys today for a free consultation. We have more than 100 years of experience handling highly complex injury claims. We know the right steps to take so you can get the most out of your injury claim.
Call us locally at 814-806-2518 or toll-free at 866-641-8996, or send us an email, to schedule your free initial consultation. Most personal injury claims are handled on a contingency basis so you pay no attorney fees unless you win your case. However, you may incur some out-of-pocket costs as we develop your case.