Souderton, PA asked in Car Accidents for Pennsylvania

Q: Medicare Lien question for car accident settlement. Do i need to sign waiver for other persons insurance to get lien

I am trying to settle out an accident at 0% my fault. My car was totaled and I was in hospital overnight. I have medicare and am requesting lien be paid in addition to settlement. Must I sign a release to insurer to have access to my CMS medicare account or can I just supply them with the final medicare lien amount paperwork on my own?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A Pennsylvania attorney should advise, as insurance practices can be governed by state law, but your question remains open for four weeks. As a GENERAL matter in my own experience in reconciling medical liens, I have found that it could depend on the carrier. I have worked with many carriers who took the lien at face value from my records. Had they requested an authorization providing access to a Medicare file or requested contact information for the Medicare subrogation representative (or the HRA attorney) handling negotiation, I would have made no objections - I saw it as an insurance carrier's right to verify the lien figures. To be certain of your exact rights under Pennsylvania law, you could consult with a local attorney. Good luck

Tim Akpinar

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