Q: Can a heathcare provider file a lien against my MVA settlement even though Medicare and Medicaid paid my medical bills?

I was the victim in a motor vehicle accident while enrolled in Medicare and Pennsylvania Medicaid as my health insurance. I have zero co-pays, deductibles, and out of pocket fees. I know I have to repay both Medicare and Medicaid from my settlement. Under normal circumstances, “balance billing” would be illegal since all of the health care providers and facilities participate with Medicare and Medicaid. Since this is an MVA and there is a settlement, am I responsible for paying the difference between what Medicare and Medicaid paid and what the healthcare providers charged?

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

A: A Pennsylvania attorney could advise best, but your question remains open for three weeks. If you had an attorney on the case, they would be in the best position to answer this - from the case file records, they would probably know how this medical provider billed, their arrangement for payment, forms that might have been signed with their office, and other details. Good luck

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