Visitor Question

Will I get a settlement if Medicare paid my hospital bill?

Submitted By: Anonymous (USA)

I was in an auto accident where a person hit me from behind. I went to the hospital to be checked out. I have a $2,427 hospital bill that Medicare paid.

My question is, if Medicare paid my hospital visit, can I still be reimbursed by the at fault driver’s insurance company? If so, when the at-fault driver’s insurance company settles, will I get the check directly or will the hospital reimburse me?

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,

Medicare has the option of exercising a “lien” on the amounts they paid out for your medical bills. You will have the option of negotiating with the Medicare insurance representative.

If Medicare chooses not to place a lien on your insurance proceeds then you will have full access to those funds. Likewise, if you receive an amount of money in excess of the Medicare lien you may be able to keep that amount. You really won’t know the answers to these questions until such time as a settlement is negotiated.

If you do not negotiate a settlement for your injuries and have to file a lawsuit, you may have to wait until the case is either negotiated during trial or actually goes through a trial and results in a jury award.

Although the settlement or court award check may be made out to you it is altogether possible Medicare may be named as a payee on the check as well.

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: November 16, 2017

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