Blog Post

Colorado Accident & Injury Law Part III cont. Medicare & Medicaid Liens

Posted by: Michael Sawaya
May 19, 2009
Topic: Auto Accidents

D. MEDICARE AND MEDICAID LIENS

1. Medicaid:

Medicaid is a state government program that is needs based. It has long been the Plaintiff attorney's practice to consider and resolve all Medicaid liens in the resolution of the automobile case.

•· Plaintiff's counsel is required to identify which bills have been paid by Medicaid

•· Prompt notification to Medicaid is highly advised, to determine the amount of accident bills paid by Medicaid and to whom.

•· Prompt discussion of the case will expedite a settlement resolution when that issue arises. Delays can be avoided by being timely and prompt

•· Medicaid will routinely discount by about 25 percent to account for attorneys' fees and that amount may be higher depending upon the case.

•· Medicaid can be convinced to resolve a case for more substantial discounts if a cogent and believable argument can be made for why the case is being resolved for less than full compensation to the Plaintiff.

•· If the Plaintiff is on Medicaid, or will be eligible for Medicaid but for the settlement being reached, a set-aside trust will be accepted by Medicaid to allow for the payment of non-essential personal needs of the Plaintiff.

•o There are experts who perform such service, and in the complicated case it is advised that an expert be retained.

•o There is now a simple form of set-aside trust that Colorado Medicaid will accept. The contact person at the State of Colorado Medicaid is Michelle Daniels, 303-866-5410. She handles Trusts questions for Medicaid.