Medicare Has What’s Called a Right to Subrogation
Video Transcribed: Does my Medicare status impact my personal injury claim? Hey everyone, Christopher Stevens here certified paralegal with the Wirth Law Office in Tulsa, Oklahoma, specializing in personal injury in Oklahoma. We are going to be discussing whether or not your Medicare eligibility impacts your personal injury matter.
The short answer is, it absolutely does. Medicare has what’s called a right to subrogation, meaning if they end up paying on your medical bills that are the result of the negligence of another person, then they can get compensated for it.
Now, this is rarely dollar for dollar, but they still have to review it to see how much they’re going to get paid back out of your settlement. So it’s very important that you speak with any legal counsel you might have and let them know either, one, you’re currently on Medicare or, two, that you might be getting on Medicare during your treatment plan.
Now, sometimes Medicare might not pay anything or they might pay all of a client’s medical bills. I’ve had situations of both. So it’s very important that you let your legal counsel know so your legal counsel can reach out to Medicare and see how much they want to get paid back.
Unfortunately, I’ve had several clients in the past who never informed us and told us they weren’t on Medicare, only to find out down the line that they were; and Medicare, they still want to get paid.
Now, if they don’t get paid, sometimes they will even refer that debt to the Department of Treasury, and those same clients suddenly had their Social Security checks garnished. Now, to avoid that, again, always let your legal counsel know your Medicare status.
As always, if you find yourself looking for a personal injury attorney in Oklahoma in which you need to seek legal help concerning your accident, feel free to contact a Tulsa Personal Injury Attorney. We can be found at wirthlawoffice.com.