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ChatDo you have to pay back health insurance out of your Seekonk, MA car accident settlement?
Well, the answer is that it depends. But in today’s blog, I am going to review one type of MA health insurance where you are required to do so. The failure to do so can result in debt or worse. This is complex and tricky stuff – so remember – if you are in a car accident and suffer personal injury – call or text us 24/7 for a free confidential case review.
At Bottaro Injury Lawyers, we take care of all legal aspects of your Seekonk, MA car accident case. This includes dealing with your health insurance company. Need to chat about all the implications of your car accident? Contact us anytime!
The right to repayment from your settlement may arise from contract or statute. Any car accident settlement you receive can be subject to a “lien” or “subrogation” to personal injury protection insurance, health insurance (including MassHealth), or medical providers.
This means that a third party paying for your medical care may be entitled to part of the settlement or judgment money you are awarded. Mass. Law. Ch. 118E Sect. 22 in part, outlines how this process works. Read on to learn how it may apply to your case and how Bottaro Injury Lawyers can help you!
What Exactly Does Mass. Law. Ch. 118E Sect. 22 Say?
To most people, state law is very long and confusing. This is why it is important to hire a skilled attorney! Here is what you need to know as it relates to your Massachusetts car accident:
Massachusetts Recovery Rights.
Once you (or your attorney on your behalf!) come to an agreement with the liable third party (oftentimes the at-fault insurance company), you must repay the executive office of health and human services with money received for “medical assistance provided” to you. The office even holds its own right to dispute the amount you are paid, if that amount is less than the benefits paid.
It is presumed that the settlement applies to the medical expenses you incurred in an amount equal to the medical assistance benefits paid.
If applicable, you must also repay the department of transitional assistance with your payout. If, prior to your injuries, you already qualified for financial assistance benefits, then your settlement will need to cover the increase in costs associated with your post-injury care.
Notice to The Executive Office of Health and Human Services Required.
You or your attorney must notify the executive office of health and human services within 10 calendar days that you intend to “engage in recovery activity.” This includes making an insurance claim, issuing a demand letter, or commencing a lawsuit.
If you receive medical benefits from MassHealth, you must notify the state within 10 calendar days that you intend to make an insurance claim.
What Do I Need to Do to Comply with This Law? Get The Best Mass. Car Accident Lawyers On Your Side Now!
The most important thing to do after a car accident is to contact a skilled personal injury lawyer that is very familiar with Massachusetts law!
If you receive medical benefits from MassHealth, it is imperative that you notify the executive office of health and human services within 10 calendar days that you intend to make an insurance claim or go to court. If you fail to do so, you may forfeit your benefits altogether.
How can Bottaro Injury Lawyers Help Me With My MassHealth Lien After A Personal Injury?
When you contact us and we take on your case, we have your back. This means that we are here to help ensure that you follow the law in settling your case.
There are specific notice requirements that we help with and then ensure to follow-up, all while you need not deal with that and can concentrate on your health.
Keep in mind, even if you receive health insurance through a private company, those companies can (and will) also execute a lien over your payout. We can help!
As a team of experienced attorneys that work with liens and parties’ subrogation rights, we know how to work with these entities to find a way for both you and your insurance provider (including MassHealth) to get paid. This will most likely include us reviewing your case extensively, getting to know you, your life, and your life after your injuries, and scrutinizing all medical bills, treatments, and paperwork related to your cost of care.
I hope that this article helps you understand a little bit more about Massachusetts law and how it applies to your payout after an accident. Please call is anytime, 24/7 for a free Seekonk, MA car accident case review!
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases throughout Rhode Island and Massachusetts. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Feel free to text or call us at 401-777-7777 or fill out our free and confidential online form. We are here to serve and help you!
