This post is about medicaid liens on CT personal injury cases.
If you’ve been hurt in a car accident and you’re a recipient of Medicaid, the last thing you want to hear is that Medicaid may lien some of your recovery. You may be a single parent, raising young children and struggling to make ends meet. We understand. We have many clients in your position. It’s hard to make ends meet in Connecticut.
Many people in CT receive assistance in the form of Husky Insurance.
However, you should know that state and federal law give Medicaid the right to recover related medical costs.
We’ve previously discussed the extent to which Medicare may place a lien on a personal injury case.
Not surprisingly, Medicaid has rights to reimbursement, too.
What is Medicaid?
Medicaid was created in 1965. It is a joint program between the state and federal governments to provide assistance to those who struggle to pay medical expenses. Each state administers its program for its citizens.
Every Connecticut recipient of Medicaid has agreed to allow Medicaid to recover medical costs caused by third parties. Conn. Gen. Stat. Sec. 17b-265.
In fact, if you’re a Medicaid recipient, the state has the automatic right to directly pursue the person responsible for your injuries–this is called subrogation. In Connecticut, when a person has subrogation rights, that person also has the right to place a lien on a recovery.
If there is any good news, it is that Medicaid is only entitled to lien the portion of a recovery related to medical costs. Sometimes Medicaid does not even put liens on CT personal injury cases. And often times when they do, we negotiate a reduction.
An experienced Connecticut personal injury attorney can help you properly navigate these sometimes complicated waters.
This is Part II of our series on liens on CT personal injury cases. Click here to read Part I.