delays caused by the government | Ask the lawyer

We all know that in certain situations Medicare, which is the federal government, can take over a person’s home if Medicare provides long-term care to someone who owns the home. Any home transferred by a Medicare beneficiary within 5 years of long-term care is subject to a claim by Medicare.

In all injury cases, if Medicare pays the bills for an injury caused by someone’s negligence and there is a payback for that injury, the government demands reimbursement. There are hefty fines and penalties if Medicare pays the bills related to an accident and a recovery is performed by the injured person without considering Medicare and obtaining their consent. Because every personal injury lawyer and insurance company is aware of these rules, claims are established as early as possible so that the amount owed can be determined or disputed as appropriate.

Medicare has a computer portal providing access to the amount claimed for lawyers who regularly process these claims. This method is absolutely the fastest way to get the numbers you need to start settling a case and getting a check for your client. Insurance companies will not pay a claim without paying Medicare if Medicare has paid the bills resulting from the accident. Insurance companies don’t mind a delay. The more money they have, the more money they make.

Medicaid is the equivalent of Medicare. Medicaid pays less and there are other vital differences, but it is still government provided coverage. Medicaid also requires reimbursement if they pay bills caused by an accident. Medicaid will send the records at the request of a lawyer or the injured person but will not send the amounts paid. It takes about 90 days to go through their “third party” administration to get the amount of money paid out. It simply delays their reimbursement and creates a delay in resolving cases.

It is important to inform Medicare or Medicaid at the start of a case in order to be able to obtain the amount owed so that the case can be resolved quickly. If you have an injury and have coverage, whether it’s Blue Cross Blue Shield, Medicare, Medicaid, or any other coverage reimbursement is required, let your attorney know. The sooner the complaint is established, the sooner a case can be resolved.

Buckle up, drive safely, and as always, your credentials are appreciated! 256-764-0112


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