When Medicare liens are involved in personal injury settlements, Medicare has been likened to an "800-pound gorilla" at the negotiations table. Any significant Medicare lien can dominate settlement negotiations
Upon settlement, personal injury attorneys need to request a final lien letter which includes the the final amount of reimbursement sought by medicare. Personal injury lawyers and plaintiffs can lock-in an amount for up to 3 months which is helpful during negotiations because it gives the parties...
Medicare has authority to reduce or waive its Medicare lien ifit is in the “best interests of the program,” if the “probability of recovery, or the amount [of the recovery] does not warrant pursuit” of the lien, or if enforcing the lien would lead to significant “financial hardship....
Yes. If you are a Medicare beneficiary and receive a personal injury settlement, Medicare has a statutory right to reimbursement under the Medicare Secondary Payer Act. This means that a Medicare lien is placed on any settlement proceeds that compensate for medical expenses paid by Medicare. Failur...