Medicare and Medicaid Liens in Personal Injury Cases

April 26, 2023

Catherine Goldhaber is presenting a webinar hosted by Strafford titled: Medicare and Medicaid Liens in Personal Injury Cases.


Personal injury attorneys spend significant time resolving Medicare and Medicaid liens in tandem with litigating or settling the underlying personal injury claims. Until liens are addressed, the final settlement of personal injury claims should not occur.

When personal injury plaintiffs accept Medicare or Medicaid benefits to cover accident-related bills, they are obligated to pay back the government if a third party later takes responsibility for causing the underlying injuries, as demonstrated by a settlement, judgment, or another award. Medicare and Medicaid are usually entitled to reimbursement of their expenditures on accident-related medical care.

Many lienholders are often willing to compromise, and there are legally and practically established means to lower the final lien amount. Strategic resolution of Medicare and Medicaid liens will help attorneys maximize client recovery and ensure compliance during the personal injury claim settlement.
Our panel will provide personal injury counsel for both plaintiffs and defendants, as well as adjusters, with practical tips and considerations for resolving Medicare and Medicaid liens to maximize recovery and ensure healthcare compliance in personal injury claims.

Other key issues to be covered:

  • What obligations do plaintiffs in personal injury cases have to reimburse Medicare in a liability settlement?
  • Are Medicare set-asides required?
  • Best practices for resolving Medicaid liens and an update on crucial legislative activity
  • What steps should defense attorneys take during discovery and resolution to protect their clients regarding lien reimbursement?