Medicare & Medicaid Benefits from a Personal Injury Case in Ohio
If another entity has paid medical expenses on your behalf do to the injuries you sustained because of the fault of another, there is a very high likelihood that these entities will have to be reimbursed with funds from your settlement. This concept is know as “subrogation,” and chances are you agreed to this process when you signed up for insurance.
Whether it’s your health insurance, car insurance, Medicare or Medicaid that has paid some or all your medical expenses, they have a right to be reimbursed and will have to be paid back with your settlement monies. Failure to reimburse these expenses from the settlement funds may result in you having to pay this money back personally at a later. And if you don’t have an attorney experienced and skilled in dealing with the various liens in favor of these insurance providers, YOU may be the one paying.
At the Badnell & Dick Company, we work with your health insurance, car insurance, Medicaid and Medicare to ensure that all of these entities are properly reimbursed. We negotiate with the lien holders to ensure that you do not have to pay back a single cent more than what is owed. And, if necessary, we negotiate with your lien holders in order to maximize your recovery.
When the Badnell & Dick Company settles a case, clients can trust that all necessary parties have been reimbursed, which provides them with a peace of mind to allow them to move forward with their lives. That’s why client who want results, choose Badnell & Dick.
If you are receiving Medicare benefits or may become eligible to receive Medicare benefits in the next several years, it is important that you, and your attorney, know your rights and responsibilities owed to Medicare.
Medicare has a statutorily mandated, automatic right of Subrogation (link to subrogation, above). This means that if Medicare has paid medical expenses on your behalf for injuries caused by another party, Medicare must be reimbursed from your settlement/judgment funds. If you or your attorney doesn’t guarantee that these payments are made, YOU may be personally liable for reimbursing Medicare.
Additionally, if you have suffered from an injury that may require extensive future medical treatment, it may be necessary to create a Medicare Set-Aside. Medicare Set-Asides are accounts/trusts that are created to pay for future medical expenses that are likely to occur as a result of your accident. If a proper Medicare Set-Aside is not created and approved, you may have your Medicare benefits suspended or delayed.
At the Badnell & Dick Company, our attorneys and staff have the knowledge, experience, and training to deal with the intricacies of handling injury claims involving Medicare. This includes utilizing the Medicare Secondary Recovery Portal, an online tool created by Medicare to assist injury claimants in ensuring Medicare requirements are met. Our firm uses the Portal to expedite all aspects of your claim including obtaining accurate payment logs and disputing unrelated charges, so that your claim can be settled quickly.
Additionally, the Badnell & Dick Company works with trusted financial institutions to ensure that if a Medicare Set-Aside is necessary, it will meet Medicare’s requirements. This allows clients to enjoy their settlement/judgment proceeds, without having their Medicare eligibility interrupted.
When RESULTS MATTER, choose Badnell & Dick.
As with Medicare, Medicaid also has an automatic right of subrogation (link to subrogation). The State of Ohio, through the Health Management System (HMS), monitors and tracks medical expenses paid in cases where beneficiaries have been injured by the fault of someone else. Your attorney’s failure to notify Medicaid of a liability accident and ensuring reimbursement from settlement funds can lead to YOU personally having to pay them back.
An experienced attorney will ensure that a claim is properly opened with Medicaid, and will keep in contact with Medicaid to ensure that the caseworkers are aware of your injuries and treatment so that unrelated charges do not have to be reimbursed from your settlement proceeds.
Ohio law caps Medicaid’s recovery in cases where the expenses Medicaid has paid exceeds a certain amount of total settlement. Our Attorneys have the experience negotiating with Medicaid to ensure that the correct amount is reimbursed, and thereby maximizing your settlement.
It is important to have an experienced attorney to handle your personal injury claim, even more so when Medicaid is involved. At the Badnell & Dick Company, our attorneys and staff regularly work with Medicaid caseworkers in order to accurately settle your claim in an expedited manner. Our attorneys and staff have experience with medical coding so that unrelated charges are easily recognized. And, when it is time for settlement, or a judgment is issued, we ensure that Medicaid is properly reimbursed so you don’t have to.
Don’t let an inexperienced attorney let Medicaid stand in the way of efficiently representing you. No matter who is involved in your claim, when RESULTS MATTER, choose Badnell & Dick.