Legal Question in Insurance Law in California

What happens if Claimant/Plaintiff settles a Med Mal claim during 90 day NOI Letter period or during litigation after filing, and never notified Medicare about the claim/case (cause Medicare was supposed to place lien). What would Medicare do?


Asked on 6/07/15, 10:25 am

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Federal law holds the insurer for the defendant and the claimant both liable for repayment/reimbursement, so I doubt if the insurer will settle without proof of satisfaction of the Medicare lien. The subject is going to come up before the settlement is finalized.

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Answered on 6/08/15, 7:51 am


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