Medicaid Third Party Liability liens manual
Ken Shigley at the Atlanta Injury Law Blog has a pointer to the Medicaid Third Party Liability liens manual (.pdf warning) from the U.S. Department of Health and Human Services.
Thanks for the pointer, Ken.
Medicaid/Medicrud liens can be sucessfully zeroed, (O)'d, by not pleading any medical bills as damages in the complaint, or making any claim for same in answers to discovery and tendering such proof to the gov't lawyers at the outset. The not "made whole" and equitable apportionment doctrines also apply in many jurisdictions.
This approach is consistent with the most important trial principle-- economy, economy, economy.--Just like trying a case with only three witnesses and no doctor.
Be very careful to put them on notice (early) and document so that when you get a check you can immediately go to court and have a hearing allowing you to negotiate the check and disburse the settlement proceeds-- government free.
Kevin Hanratty
Artesia, NM
there's a lien on my deseased aunts house. i am buying it. how do i do so and not have to pay any or some of the lien
