Medicaid Lien Medicaid is a jointly administered program by the Federal and State government. If you have received Medicaid benefits for payment of medical expenses related to a personal injury claim or lawsuit, Medicaid may assert a lien for those Medicaid expenses arising from the claim. Medicaid’s rights in (more…)
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ERISA Liens and New York Personal Injury Settlements The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for the individuals participating in these plans. When (more…)
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Limitation of Non-statutory Reimbursement and Subrogation Claims The General Obligations Law now prohibits health insurers and other benefit providers from seeking reimbursement from the proceeds of any settlement of personal injury, medical malpractice or wrongful death actions for medical services they rendered to the claimant. New York (more…)
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Right to Reimbursement Medicare and Medicaid have subrogation rights and a “right to reimbursement” when a person that has received Medicare or Medicaid benefits recovers an award from a personal injury action. There are many theories and ideas floating around that suggest ways to satisfy the requirements (more…)
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New Jersey Personal Injury Settlements What happens when you receive a settlement offer for a personal injury claim but are a judgment debtor for child support within the State of New Jersey? New Jersey Statute N.J.S.A 2A:17-56.23b (1) (a) provides that a judgment for child support entered (more…)
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