One of the most difficult parts of handling any car accident case, or personal injury case is dealing with health insurance company liens for past medical bills.  Now, things might get more difficult if the Centers for Medicare and Medicaid Services (CMS) pass regulations that require plaintiffs to pay Medicare for potential future medical benefits.  There are several reasons that it is bad policy and unfair to victims to require an allocation for potental future medical benefits. 

First, unlike Workers Compensation cases, a liability insurance carrier is not obligated to pay medical benefits over the life of the medical condition at issue.  A liability carries makes a single payment.  After that payment is made, they have no further obligations to the claimant regardless of developes over the future.

Second, the MSP statute doesn to requires the CMS to seek reimbursement for potential future medical benefits.  The CMS view of the statute is far to expansive.

Third, to require a set aside or payback to speculative future care will create a strong disincentive to to bring such cases which will then reduce the Medicare Trust's abitity to recoop funds for past medical bills that have been paid.

In many instances, when plaintiff's in car crash cases receive compensation for the at fault party they (plaintiffs) pay back their health insurance company and Medicare for the cost of the medical care provided by the health insurance company.  

But if Medicare tries to take too much from the victim, then the victim will have no incentive to bring the case in the first place.  

If you or anyone you know has been seriously insured in a car accident in New London, Connecticut, and have any questions contact the New London car accident lawyers at The Bartinik Law Firm, PC., 100 Fort Hill Road, Groton, CT. at 860 445 8521 or toll free at 888 717 4211.


Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut
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