J. Michael Hayes Blog - MEDICAID IS NOT A LIEN! DO NOT LET YOU LAWYER PAY ANY "MEDICAID LIEN" OUT OF YOUR SETTLEMENT

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Posted by: host	11/11/2008 2:55 PM
A program in the United States, jointly funded by the states and the federal government, that reimburses hospitals and physicians for providing care to qualifying people who cannot finance their own medical expenses.

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Medicaid is not a Lien!

By J Michael on 10/18/2008 10:47 AM

Medicaid is not a lien. The US Supreme Court modified NY's Medicaid statute (104-b Social Services Law) in May, 2006 and effectively ruled that Medicaid's claim is limited to medical expenses they paid that are related to the injuries claimed in the personal injury accident. If the attorney timely puts Social Services on notice and does not make a claim for medical expenses paid by the County, then it is likely that the entire settlement, minus attorney fees, will go the the client. JMH

Re: MEDICAID IS NOT A LIEN! DO NOT LET YOU LAWYER PAY ANY "MEDICAID LIEN" OUT OF YOUR SETTLEMENT	By J. Michael on 1/8/2009 11:01 AM
I just argued a motion in front of Supreme Court Judge Siwek; she said "Mike is right. There is no lien. He preserved the subrogation claim. I'm sorry..."

Re: MEDICAID IS NOT A LIEN! DO NOT LET YOU LAWYER PAY ANY "MEDICAID LIEN" OUT OF YOUR SETTLEMENT	By Jerry on 4/6/2009 12:19 PM
Where can I get more information?

THE STATE WILL FIGHT YOU

By PKI on 7/12/2009 9:26 AM

I am fairly certain that the mandate comes from the state. I am presuming that you have the memo’s relating to how to handle Medicaid Liens statewide. I suggest that you protect yourself and your clients and don’t try to save the world. You may inspire a change in the law which would remove or limit that portion of the Federal Anti-lien statute. Remember, “entitlements” have been targeted , even by the current administration and Congress in these very lean times.

IF YOUR LAWYER WON'T FIGHT FOR YOU, WHO WILL?

By J. Michael on 7/12/2009 9:29 AM

I agree & understand. Certainly the expectation of the State is that it will recover its money. However, honesty, integrity and ethics are something for which even the State should strive. And if those in power do not care about those issues, I do. If they want to change the law for their purposes, that is their choice. In the interim, I think my clients are protected. If I am harassed because of the target I have placed on my back, it will have been for fighting for a just cause and purpose. <br>I am one of those 60's idealists that never gave up on the ideal. <br>

YOU ARE DOING THE RIGHT THING!	By PKI on 7/12/2009 9:30 AM
You clearly are doing the right thing..Let me know if I can help.

ORDER BY TRIAL COURT	By J. Michael on 8/25/2009 3:27 PM
The Siwek order was not appealed & is the law in this Department

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