Medicare Medicare is often the initial payer of medical, hospital, and other medically-related expenses for personal injury plaintiffs. What distinguishes Medicare from other health care insurers, including Medicaid, is federal regulations allowing Medicare what has been commonly called subrogation and lien rights believed to be far superior to any other interest on a settlement or judgment proceeding. Only items related to the claim are subject to the Medicare claim. Medicare will also reduce its recovery to allow for the cost of procuring a judgment or settlement. The plaintiff's attorney should not disburse any settlement funds from the trust account until the agreements with the lien holders are finalized. Disputes over settlement papers can arise and, if a supposed settlement with the lien holder falls through after settlement funds are disbursed to the plaintiff, the plaintiff's lawyer could be responsible for the lien. In complicated cases a 468B Qualified Settlement Fund could allow a breathing room while outstanding liens are identified and resolved. (see 468B) The Lien Resolution Group can act on the claimants behalf to determine if there are any claims on proceeds from Medicare and if so compromise, settle or execute a release of the Medicare claim. (see Lien Resolution) Booklets Centers For Medicare and Medicaid Services - "Medicare And You 2010" Centers For Medicare and Medicaid Services - "Medicare and Other Health Benefits: Your Guide to Who Pays First" © 2009 The Lien Resolution Group 275 Route 304, Suite 300 Bardonia, NY 10954 (800) 888-1743