Brooklyn, NY asked in Wrongful Death for New York

Q: How can a medicaid lien be paid prior to me signing a release as the defense has yet to issue the release papers

After decree entry I'm confused they won't send the release papers without final lien letter which is undermining the judges final entered decree yes letters were sent and final decree entered, but how can we pay medicaid if they won't sign release

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1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: Your Medicaid lien cannot be paid until such time as you have signed the settlement papers / release. If you haven't already, you'll need to request a final lien amount from Medicaid which may take several weeks. The final amount of the Medicaid lien may be incorporated into the release you sign. The Medicaid lien may or may not be paid directly by the defendant or its insurance carrier. If you are paying the Medicaid lien, it cannot be paid until you've received the settlement proceeds.

Tim Akpinar agrees with this answer

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