Visitor Question

Medicaid Lien on Nursing Home Neglect Personal Injury Case…

Submitted By: Anonymous (Oklahoma, USA)

A claim for Nursing Home Neglect involving personal injury was made in 1992 with a settlement in 1996 for my mom who was a long term resident (in Oklahoma).

The issue of payments made for medical treatment by Medicare was settled very quickly, however, Medicaid placed a lien on all remaining money which is in a trust. (She did not loose her Medicaid coverage for Nursing Home care and died in 1998.)

No attempt has ever been made by Medicaid to collect or settle their claim. They want to talk only to our lawyer and our lawyer seems uninterested in explaining anything or doing anything to settle the claim.

My questions are:

– How long can they keep a lien on the money with no attempt to collect?

– Exactly what medical expenses and what time frame can they collect for? (Can they collect only for medical expenses that were directly related to the injuries involved in the case?)

– Does the lien also include pay back for all her time spent in the nursing home, even before and after the injury?

We have been more than patient but we very much want this resolved. Thank you so much for any answers or information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Our policy is not to interfere with the attorney-client relationship. Doing so would be legally inappropriate. We will attempt to make some general observations about the questions you pose…

There isn’t a Statute of Limitations, or “time period” which limits the amount of time Medicaid can maintain a lien on the funds.

To dissolve the lien will take either a court order or an agreement between the lien holder and the Medicaid patient to either dissolve or modify the lien or its terms.

Medicaid is entitled to be reimbursed for those expenses they paid which were directly and indirectly related to your mother’s extended treatment. Medicaid is entitled to collect only for the time frame in which it compensated those medical providers who paid for your mother’s care. Medicaid reimbursement extends to those funds expended for your mother’s nursing home care.

We strongly suggest you make an appointment with your attorney. Sit and review every aspect of your mother’s case, especially as it relates to Medicaid. There isn’t any better way to understand all of the aspects of the case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 22, 2011

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