Fort Lauderdale personal injury accident victims who receive medical care and incur medical expenses that may be entitled to Medicare or Medicaid government benefits need to be aware of several ramifications once benefits are received. Firstly, Medicare and Medicaid are conditional payments and the government has a right of recovery against their settlement proceeds. This right, which now almost always appears in all other contractual insurance programs is commonly referred to as the right to Subrogation. Briefly, if a lawsuit is successfully resolved the government is entitled to be returned a portion of its conditional Medicare or Medicaid benefits from the total amount of the Fort Lauderdale personal injury victim’s recovery. This right will reduce the amount of the net settlement funds that a Fort Lauderdale injury accident victim will ultimately receive and can provide for a myriad of complications.
For instance, if the Fort Lauderdale, Florida accident injury victim’s case resolves for a gross sum of FIFTY THOUSAND ($50,000) DOLLARS, but the government’s claim to recovery is substantial in relation to that amount, the victim ultimate recovery is greatly compromised.
Pursuant to Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) which was signed into law by President George W. Bush, the government’s ability to enforce the Medicare Secondary Payer Act was given much more far reaching strength.
For further information on this serious topic please feel free to contact the Fort Lauderdale Injury Lawyers by email to info@www.schulaw.com or by calling 1 (877) 529-0444.
