Medicare Gets Reimbursed Even With Wrongful Death Claim if Plaintiff Claimed Medical Bills In Suit

From the Mediation Matters Blog of Steve Mehta.

A very interesting decision regarding medicare reimbursement rights came down that will affect how people can litigate their cases and how they must determine medicare reimbursement rights. It addressed the big issue of whether medicare is entitled to reimbursement when plaintiff makes a claim for wrongful death. The court held that medicare can seek reimbursement in a wrongful death case when plaintiff sought medical bills. If you practice in personal injury, medical malpractice, or elder law, you should definitately be aware of this decision.

Here is the entire decision:

GLEN N. BENSON, PLAINTIFF,
V.
KATHLEEN SEBELIUS, SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEFENDANT.

                        author

Steve Mehta

Steven G. Mehta is an attorney and mediator providing unique mediation services in a variety of types of civil litigation. His ability to understand the human process and complex emotional issues involved in legal negotiations enables him to effectively assist the parties in obtaining the best possible results during mediation.… MORE >

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