Medicare may pay for medical treatment after a car accident in Georgia, but it often acts as a secondary payer. That means if auto insurance, liability coverage, or another primary source is available, Medicare will expect those benefits to be used first. Importantly, under federal law, Medicare has a right of reimbursement if it pays for care that another party later covers. For more, see Centers for Medicare & Medicaid Services guidance.
How Medicare Coordinates with Auto Insurance
- Medicare usually pays secondary when auto insurance or liability coverage applies.
- If Medicare pays first, it can later recover its costs from the settlement or insurer.
- Providers must submit claims correctly to avoid double billing or repayment issues.
Reimbursement Obligations
- Medicare has a legal right of reimbursement from settlements or judgments.
- Failure to repay Medicare can lead to collection actions and penalties.
- Attorneys typically negotiate and ensure Medicare is repaid before distributing funds.
Practical Tips for Accident Victims
- Report the accident and any related claims to Medicare promptly.
- Keep detailed medical and billing records to track what Medicare paid.
- Work with your lawyer to resolve Medicare liens before closing your case.
Ensuring that Medicare is properly reimbursed and you are not held liable for any expenses can become a complicated legal process. However, you are not alone in handling the claims process. Attorney Ali Awad, ‘the CEO Lawyer,’ and his team of experienced Georgia car accident attorneys can assist you with handling interactions with your assigned Medicare Coordinator of Benefits contractor and keep you informed of any potential legal issues throughout the claim. Having an experienced attorney fighting for your rights is crucial to the success of your claim.
Does Medicare Cover Car Accidents?
Does Medicare cover car accident injury expenses? In short, yes, Medicare can cover car accident-related injuries. When an individual requires medical attention following a car collision, they are typically responsible for covering their medical expenses, even if the other party was clearly at fault. Following treatment, a future settlement may include reimbursement for medical expenses related to the accident. However, your car insurance will typically pay the portion you are covered under directly following medical treatment, and Medicare will pay for any covered treatments after.
If you have been involved in a car accident, you must report the accident to Medicare, regardless of whether or not you intend to file a claim. This is crucial as Medicare must be reimbursed for medical expenses covered resulting from the collision. Additionally, Medicare will continue to monitor your claim after the accident and assert their right to recover any monies they spent on your medical expenses from any settlement money you will receive.
As it is typically your responsibility to cover medical expenses, even if you were not at fault, health insurance is crucial to minimize out-of-pocket obligations. In the U.S., Medicare is a health insurance program for adults with disabilities or who are 65 or older.
There are four parts to Medicare health insurance coverage:
- PART A: Inpatient hospital insurance
- PART B: Doctor services and supplies coverage
- PART C: Medicare Advantage
- PART D: Prescription coverage
What is a Medicare Lien?
Medicare was established in the U.S. in 1965 under the Social Security Act. Suppose a car accident victim utilizes Medicare benefits to cover injuries stemming from their accident. In that case, Medicare will have the legal authority to compensate for any expenses paid from insurance benefits under Federal Law. Medicare liens will take precedence over other liens attached to any settlement or judgment compensation. If these liens are not adequately handled, Medicare may seek recovery from the injured victim or their attorney.
Furthermore, it is the burden of the personal injury lawyer handling the claim to determine whether a Medicare lien stands. A notice of lien is not required if there is a Medicare lien, unlike other medical liens. Even if a Medicare lien notice is never received, the personal injury client and attorney will still be responsible for the lien.
Additionally, it is within U.S. statutes that Medicare may recover the entire amount of the lien, even if the Medicare lien exceeds the amount of recovery. If you receive Medicare and have sustained injuries from a car accident, it is essential to contact a car accident lawyer right away so that negotiations may be handled appropriately. Unfortunately, contacting Medicare is an often lengthy process that may involve multiple phone calls and letters. In addition, Medicare liens can stall settlements and make insurance companies hesitant when paying out settlement claims involving medicare liens.
How Long Will it Take to Resolve a Lien?
The Medicare lien resolution process typically takes six months or longer and is a multi-step process. The first step in the resolution process is establishing a case with Medicare to obtain an itemized list detailing the medical expenses that Medicare paid. Next, your attorney will need to sort through the payments to isolate only the costs pertaining to the car accident claim and not any other health treatments. Finally, once the final lien amount is agreed upon, your responsibility will be to ensure that it is paid within sixty days. If the Medicare Lien demand is not paid within sixty days, Medicare will refer the matter to the U.S. Treasury Department for collection. Additionally, interest may be charged in addition to the original claim amount.
Car Accident Injury Lawyer
Many car accident injury victims believe they may handle the negotiations process with insurers on their own to avoid spending money on a car accident injury lawyer to represent them. While it is possible to handle your car accident collision claim if injuries were minor, it has been proven that individuals who represent themselves on average will receive smaller settlements than those who are represented by experienced car accident injury lawyers.
If you have been injured or have received serious property damage due to a car accident, you should consider retaining an experienced car accident injury lawyer to fight for you. Ali Awad, the CEO Lawyer, and his team of experienced personal injury attorneys are dedicated to fighting for the rights of car accident victims.
Ali Awad has transformed his local personal injury firm into one of the fastest-growing firms in the country that has retained some of the most experienced injury and accident attorneys in the Georgia region. As a rapidly growing firm with a 99% track record of success, you can feel confident that the CEO Lawyer Personal Injury Law Firm will work to achieve the most favorable outcomes for your case. Call the CEO Lawyer and his team of attorneys at (470) 323-8779 or contact us online to receive your free evaluation.
FAQs
Does Medicare pay for hospital bills after a car accident?
Yes, Medicare can pay for hospital care, but it is generally secondary to auto or liability insurance.
Will I have to repay Medicare from my settlement?
Yes. If Medicare paid for accident-related treatment, it must be reimbursed out of your settlement or judgment.
What happens if I don’t report a car accident to Medicare?
Failing to report can delay your case and may result in penalties. Medicare requires notification of accident-related claims.
