Medicare Lien After Settlement

Posted by Mary Skinner

Question:
I settled a tort claim [auto] on 4/2/09 for policy limits,the client went on Medicare on 5/1/09, and she may need ongoing treatment. Do I need to be concerned about a Medicare lien?

-South Carolina Attorney

Answer:
No, you don't need to be concerned about a Medicare lien. Medicare's right to recovery is from the date of injury through the date of settlement. Because you settled the case prior to your client becoming entitled to Medicare, Medicare does not have an interest in the settlement.

-Mary Skinner