It’s time for the next installment of Holcomb Dunbar law series “Insurance Law from A to Z.” This was put together by our litigation group who practice in the insurance law arena. Of course, if you have questions about these or any other topics please do not hesitate to contact us.
This week’s installment – Liens
Medicaid has a statutory right of recovery from the beneficiary and from third persons or entities that a beneficiary has a right to sue. Miss. Code Ann. § 43-13-125(1) and § 43-13-305.
Medicare is controlled by federal law. See 42 U.S.C. § 1395y(b). Medicare claims to have a superior right of reimbursement, which may be helpful to think of as a “super lien.” This means that Medicare is not required to notify anyone of its right to reimbursement, nor is it required to make a request for reimbursement in order to enforce its right to recovery. Instead, the parties to a liability claim must notify Medicare of the claim, take action to determine the amount of the reimbursement and make payment accordingly. This includes reimbursement for past treatment as well as protection of Medicare’s interests when future treatment will be necessary. determine the amount of the reimbursement and
Mississippi law allows only for a transfer of benefits for medical costs by assignment. Unlike some other states, Mississippi has no statutory provision for a “hospital’s lien,” “physician’s lien” or anything synonymous, nor does there appear to be any case law creating a medical provider’s equitable lien on insurance benefits because of medical services rendered. Memorial Hospital at Gulfport v. Guardianship of Proulx, No. 2012-CA-01714-SCT (Miss. September 12, 2013). See also Assignments.
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