Medicaid Liens

Today we’re talking about Medicaid liens which is a form of subrogation. If you do not know what subrogation is, be sure to watch my previous video.

Medicaid is a “secondary payer” meaning its obligation to pay is second to the at-fault party’s responsibility.

Technically speaking, Medicaid has a statutorily-created “right of recovery,” not a subrogated interest in the claim – meaning the at-fault party may have to reimburse Medicaid even if you receive nothing from the at-fault party.

Since the right of recovery extends beyond the at-fault party – meaning Medicaid can recover from the claimant, insurance companies, as well as involved law firms – it is imperative your lawyer notify Medicaid of the claim as soon as possible.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Medicare Liens

Today we’re talking about Medicare liens which is a form of subrogation.  If you do not know what subrogation is, be sure to watch my previous video.

Medicare is a “secondary payer” meaning its obligation to pay is second to the at-fault party’s responsibility. However, to help its insureds promptly pay medical bills, Medicare issues “conditional payments” to medical providers.

Technically speaking, Medicare has a statutorily-created “right of recovery,” not a subrogated interest in the claim – meaning the at-fault party may have to reimburse Medicare even if you receive nothing from the at-fault party.

Since the right of recovery extends beyond the at-fault party – meaning Medicare can recover from the claimant, insurance companies, as well as involved law firms – it is imperative your lawyer notify Medicare of the claim as soon as possible. 

In most cases, we can negotiate with Medicare to reduce the amount that is required to be paid back – thereby putting more money in our client’s pockets.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Pro Rata Subogration - Revised Code 2323.44

Today we’re talking about R.C. § 2323.44 and the rights of an injured party as it relates to subrogated interests. If you do not know what subrogation is, be sure to watch my previous video.

R.C. 2323.44 provides that if an injured party receives less than the full value of their claim due to:

1. The injured parties own comparative fault

2. A third-party’s liability is diminished due to an allocation of responsibility between several parties

3. By reason of the collectability of the full value of the claim due to limited insurance or other cause

In such cases, the subrogee's claim shall be diminished in the same proportion as the injured party's interest is diminished. This pro-rata reduction typically comes into play with private health insurance, med pay insurance, or any other contractual-based subrogation claim. This statute is a powerful tool for me to use to put more money into my client’s pocket.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Health Insurance Liens

Today we’re talking about private health insurance liens which is a form of subrogation. If you do not know what subrogation is, be sure to watch my previous video.

If your private health insurance carrier paid benefits on your behalf for medical treatment arising from an injury, your health insurance has a subrogated interest in your claim potentially up to the amount it paid on your behalf.

I say “potentially” because next video I’ll discuss Ohio’s Pro-Rata Subrogation statute and how that applies to private insurance claims.

In most cases, we can negotiate with the health insurance carrier to reduce the amount that is required to be paid back – thereby putting more money in our client’s pockets.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Liens & Subrogation

In Ohio, when a person is injured and someone other than the injured person or at-fault party pays for some or all of the medical expenses (e.g. your health insurance carrier), that other party has a subrogated interest in the claim. Literally speaking, “subrogation” means one party stands in the shoes of another.

What this means for your case: if another party paid money on your behalf and you receive money from the at-fault party, you must repay the other party.

While there are certainly more than what is listed, the most common types of subrogation claims are:

• Private health insurance

• Medicare or Medicaid

• Automobile medical payment policy (Med Pay)

• Workers compensation benefits

• Short term disability

 In most cases, we can negotiate with the subrogated interest to reduce the amount that is required to be paid back – thereby putting more money in our client’s pockets.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.