Can Medi-Cal Assert a Lien on my Personal Injury Settlement? | San ...

Medi-Cal is California?s Medicaid program. It is a public health insurance program which provides needed health care services for low-income individuals including families with children, seniors, persons with disabilities, foster care, pregnant women, and low income people with specific diseases such as tuberculosis, breast cancer or HIV/AIDS. Medi-Cal is financed equally by the State of California and United States federal government.

The ?State of California Welfare and Institutions Code ?14124.71 allows the Director of Health Services to assert a medical lien on a personal injury settlement of a Medi-Cal beneficiary from any insurer or third party tortfeasor (defendant) responsible for the injury. This includes a lien in first party Uninsured Motorist cases as well as in civil tort actions.

California Welfare and Institutions Code Section 14124.71 states:

When benefits are provided or will be provided to a?beneficiary under this chapter because of an injury for which another?person is liable, or for which a carrier is liable in accordance?with the provisions of any policy of insurance issued pursuant to?Insurance Code Section 11580.2, the director shall have a right to?recover from such person or carrier the reasonable value of benefits?so provided. The Attorney General, or counsel for the fiscal?intermediary under the Medi-Cal program with the permission of the
Attorney General, or a contractor pursuant to Section 14124.80, or a?county through its civil legal adviser, may, to enforce such right,?institute and prosecute legal proceedings against the third person or?carrier who may be liable for the injury in an appropriate court,?either in the name of the director or in the name of the injured?person, his guardian, conservator, personal representative, estate,?or survivors.
(b) The director may:
(1) Compromise, or settle and release any such claim, or
(2) Waive any such claim, in whole or in part, for the convenience?of the director, or if the director determines that collection would?result in undue hardship upon the person who suffered the injury, or?in a wrongful death action upon the heirs of the deceased.
(c) No action taken in behalf of the director pursuant to this?section or any judgment rendered in such action shall be a bar to any?action upon the claim or cause of action of the beneficiary, his?guardian, conservator, personal representative, estate, dependents,?or survivors against the third person who may be liable for the?injury, or shall operate to deny to the beneficiary the recovery for?that portion of any damages not covered hereunder.
(d) The cost of a service provided to an eligible developmentally?disabled Medi-Cal beneficiary under Section 14132.44 may be recovered?by the director from a liable third person or an insurance carrier.

The amount of the medical lien may become an issue that could affect the settlement. It is important to obtain legal counsel to ?understand the rules affecting that amount. ?If you are filing a personal injury claim ?in San Diego and are a Medi-cal beneficiary, ?your San Diego Personal Injury Attorney will help you claim your fair share of your settlement. ?Call the Law Office of Peter S. Cameron at 877-603-8473 to set up your free personal injury consultation. If you prefer, submit our online case review. ?Please do not delay; personal injury cases do have statutes of limitations.

This article is for educational and marketing purposes only. ?It does not create an attorney-client relationship.

Source: http://sandiegolegaloffice.com/2013/01/can-medi-cal-assert-a-lien-on-my-personal-injury-settlement/

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