Legal Question in Insurance Law in California
If Claimant is negotiation a settlement with insurance carrier in a Med Mal case during the 90-day period (prior to filing), and Insurance carrier wants Claimant to provide Medicare Lien before settling, does Claimant have to comply? or can settlement be made without a Medicare lien and claimant can wait later on for Medicare to provide/send a lien so that claimant can pay for it later on, after settlement.
2 Answers from Attorneys
No settlement without Medicare signing off. They want their money back and the insurer, like the settling party, is liable for reimbursement. Bottom line is insurers will not resolve without written proof of lien satisfaction, they don't want to have to pay twice.
They can't force you to comply but you can't force them to settle without it. Some carriers will sign a settlement where the claimant agrees to pay any liens and indemnify the carrier. Others refuse to take that risk. Neither of you can force the other to do anything.
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