Legal Question in Insurance Law in California

What if a Med Mal case is settled, without Medicare knowing about it, and defendant's counsel had Claimant/Plaintiff sign a General Release, stating that Claimant/Plaintiff is liable for any lien imposed by Medicare at any time after settlement and that Defendant and their insurer carrier are not responsible. Would Medicare still go after Defendant and their carrier for lien/reimbursement (per Federal Law), or is defendant, their counsel & carrier are now immune because Claimant/Plaintiff signed the general release, that stated defendants are not responsible for any subsequent liens from Medicare (because, from this site-Mr. Murray, I was informed that Federal law holds all parties responsible).. (Thanks)


Asked on 6/08/15, 10:58 am

1 Answer from Attorneys

You are correct that Federal law will hold the insurance carrier jointly responsible in that scenario. Given the consequences to the plaintiff and their counsel if they fail to take care of any lien, however, some carriers are willing to take that risk and sue the rare plaintiff and plaintiff's counsel who fail to handle any liens.

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Answered on 6/08/15, 1:14 pm


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