Legal Question in Personal Injury in New York
Bills
When a settlement is reached in an accidental fall and there were many medical bills that were already paid by Medicare and other health insurance companies, do I have to reimburse Medicare and any any other insurance company two-thirds of the amount of medical expenses they had already paid? Most of the medical expenses were for physical therapy, chiropractors, xrays.
2 Answers from Attorneys
Re: Bills
This question is complicated. Medicare has to be paid back for any medical bills they paid that are related to the accident and they generally don't take the full amount and work out a contribution towards legal fees. The reimbursement to other insurance companies is different. They may claim a right to subrogation but they won't get anyplace with that. Do you have an attorney?
If no attorney, then all you do is pay back Medicare.
Re: Bills
Medicare and other health insurance companies may assert a lien. Usually the Medicare lien may be compromised. Other health insurance liens may or may not be compromised, or there may be no liens, i.e., a qualified ERISA plan.
Good Luck
RRG
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