Medicare Advantage Plans and your Injury Claim

By now, you probably know that if you have an injury claim that you get money from, and Medicare paid for some of your treatment, you MUST pay Medicare back. There’s a whole process for this that your attorney can help you with. If you’re not an attorney trying to handle that, heaven help you.

What you might not know is that if you have a Medicare Advantage plan you might have a similar issue.

Many of these Medicare Advantage plans have what’s called a “right of reimbursement” or “subrogation” claim.  That means that in a situation where we obtain for you payment in compensation for incurred medical expenses from an at-fault party, then your health plan may have a right to get paid back what they paid out.  Normally if this is the case, they or a company they hire, reach out to you to investigate this.  If you get a letter about this, YOU MUST NOT IGNORE IT! IF YOU HAVE AN ATTORNEY YOU MUST BRING THIS TO THEIR ATTENTION! Your attorney probably can’t effectively investigate this for you with your plan. 

If you have a Medicare Advantage plan it would be most wise for you to contact your health plan, make this inquiry – does the plan have a right of reimbursement for third party claims? – and let your attorney know the response.  Failure to do so can leave you owing them after your settlement money is gone, and can impact your coverage as well. 

This is not the type of thing you want to ignore. You can end up thousands of dollars in debt and lose your coverage. You’ve been warned.

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Jeffrey Allen Howard, Attorney at Law, PLLC
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