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Archive for the Liens Category

New York Social Services Law § 104-b and Liens on Personal Injury Claims

New York Social Services Law § 104-b and Liens on Personal Injury Claims

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 […]

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ERISA Liens and Personal Injury Settlements

ERISA Liens and Personal Injury Settlements

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 […]

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New York General Obligations Law § 5-335

New York General Obligations Law § 5-335

New York General Obligations Law § 5-335 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 […]

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Medicare and Medicaid – The Right to Reimbursement

Medicare and Medicaid – The Right to Reimbursement

Medicare and Medicaid – The 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 […]

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