If you sustained serious injuries in a Florida auto accident, you need comprehensive medical treatment and care to recover. If you have Medicare, you might already know that they will cover some of your medical treatment. However, what you might not know is that the federal government could require you to pay that money back under certain circumstances.
If another party caused your accident, you might consider talking to an attorney about pursuing legal action. However, Medicare beneficiaries should consult an attorney no matter who caused or contributed to an injury accident.
Talking to an experienced Florida auto accident attorney can help you avoid legal and financial liability with Medicare. Your attorney can also help ensure you get the maximum benefits you’re entitled to. The knowledgeable and compassionate attorneys of Emmanuel Sheppard & Condon understand the challenges you face. You have enough on your mind, as you focus on your recovery and getting back on your feet. You should not also have to worry about whether you’re getting in trouble with Medicare.
Does Medicare Pay for Auto Accident Injuries?
Depending on the provider, Medicare will pay for a beneficiary’s covered medical expenses. However, under the Medicare Secondary Payer (MSP) laws, the government could hold you accountable for reimbursing them. The purpose of implementing MSP guidelines was to ensure that Medicare never pays any expense that could be covered in another manner.
If, for example, your own PIP insurance would cover your treatment, your insurer becomes the primary payer and Medicare becomes the secondary payer. How Does the Medicare Secondary Payer Program Affect You?
After a car accident, you should always seek medical attention. If you suffered serious injuries, you likely went to the hospital or emergency room. There, you likely provided your Medicare information for payment—and the provider likely billed Medicare for your treatment.
However, in the following days and weeks, you might contact your PIP insurance carrier. If someone else caused the crash, you might also start the process of pursuing a claim with their insurance. You might engage an attorney who submits a demand to either or both insurance companies. Ultimately, that attorney may negotiate settlements with the insurance carriers. Or, if negotiations fall through, you might even take your case to trial where you receive a jury award.
Under any of these circumstances, you must reimburse Medicare for the amount they paid for your treatment. The good news is that the MSP program allows you to reduce your reimbursement amount for attorney’s fees and costs. The bad news is that the process for reimbursing Medicare, which is done through the Centers for Medicare & Medicaid Services (CMS), is highly complex. CMS also imposes strict timelines and requirements for responses.
Having an experienced attorney to handle these details can help ensure you follow the rules and stay out of legal trouble with Medicare and CMS.
Does Medicaid Cover Auto Accidents?
Like Medicare, Medicaid will pay for some medical expenses that an enrollee incurs. However, similar provisions govern Medicaid as secondary payer, you could be liable to reimburse any previous Medicaid expenditures.
The best way to determine how Medicaid secondary payer provisions might affect you is to consult with an experienced car accident attorney in Florida.
Talk to a Florida Car Accident Attorney Today for Help
The question is, Does Medicare cover auto accidents? Unfortunately, there is no certain answer to that question because it depends on the many factors discussed above, and then some.
Talking to an experienced Florida car accident attorney can help you in several ways. If someone else caused your accident, your lawyer can help recover compensation for your losses from their insurance. If Medicare stepped in and covered any of your treatment, your attorney can help you reduce any potential repayment liability. Finally, since Medicare does allow you to deduct attorney’s fees and costs, you can use this allowance to your advantage by having a lawyer handle your case.
Since 1913, the Florida personal injury attorneys of Emmanuel Sheppard & Condon have fought for our clients, protecting their legal rights and getting them the compensation they deserve.