Synergy Blog

Ask A Lien Professional – Wrongful Death and Medicare

Question: “I am the executor of estate on behalf of my mother who was a Medicare beneficiary. This is a wrongful death case, so does Medicare have a lien in this situation?” – Florida Resident

Answer: According to the Medicare Secondary Payer Manual (Chapter 50.5.4.1.1), Medicare’s right to recover against a wrongful death claim depends on two things, 1. The beneficiary’s state of residence, and if the state law allows for the recovery of medical expenses in a wrongful death claim, and 2. If the state’s law allows for recovery of medical claims, the amount Medicare is entitled to recover against may vary (full recovery in some states, limited recovery in others). So basically, depending on where the beneficiary lived, there may or may not be an obligation to Medicare. Some states do not allow for the recovery of medical payments, so in those states Medicare cannot assert a claim against the deceased beneficiary or survivors.

I assume that you are in Florida, so I reviewed the Florida Wrongful Death Act (FL §768.14 – 768.26) in this state. In §768.21(6)(b) it states that medical expenses that have been charged to the estate are recoverable, and § 768.21(7) states, “All awards for the decedents estate are subject to claims of creditors who have complied with the requirements of probate law concerning claims”. Therefore, in Florida, Medicare does have a right to recover their claim against the estate of the beneficiary in a wrongful death case. My suggestion is that you discuss this matter with a probate attorney for further clarification on how to proceed in this case. Be advised that this is only a general response to your question, and should not be viewed as specific legal advice, as I am not an attorney. I hope this is helpful to you in your research. Please contact us at Lien Settlement Solutions have any more questions.

Lien Settlement Solutions has professionals that can assist with questions of compliance and lien validity in cases of Wrongful Death, Malpractice, Workers Compensation, and Liability. Feel free to call us with your questions at (877) 907-5436 or email at info@lienss.com!

TESTIMONIALS

"I have been very impressed by the results achieved by Synergy Lien Resolution Services. They saved my client over $108,000 in reducing a difficult ERISA lien. Their expertise was invaluable and resulted in a very happy client. Best money I ever spent. I wholeheartedly recommend them. You are doing your client a disservice if you don’t hire them to help you with your liens."

Armando Payas, Esq.
Payas Law

When we face difficult post resolution issues, we turn to Synergy. They provide us with the necessary expert advice about Medicare compliance, preservation of public benefits, lien resolution and settlement planning. We don’t need to go anywhere else, they are the experts when it comes to the case after the case. All of those sticky issues, they easily navigate and let us focus on other issues.

Andrew Knopf
Knopf Bigger

WordPress Image Lightbox