top of page
White Background

A medical subrogation lien is a legal claim that allows an insurance company to recover medical expenses it paid for an injured person from any settlement or judgment the person receives from the party at fault for the accident. In other words, if your medical care was covered by insurance after an accident, the insurer can seek reimbursement from your compensation

MEDICARE

Medicare subrogation lien statutes enable Medicare to recover conditional payments made for a beneficiary's injury-related medical care when the beneficiary receives a settlement or judgment. Medicare Secondary Payer Act (MSP), 42 U.S.C. § 1395y(b).

MILITARY 

Several federal statutes govern military liens, primarily the Department of Defense (DoD) and the Department of Veterans Affairs (VA), which seek reimbursement for healthcare costs covered by a third party responsible for the injury or illness. Federal Medical Care Recovery Act (FMCRA) (42 U.S.C. §§2651 - 2653); CHAMPVA (38 CFR Part 17); TRICARE (32 U.S.C. § 2651 & 10 U.S.C. 1095b).

MEDICAID

Medicaid has the right to subrogation and recovery from third-party payments, ensuring the state is reimbursed for medical/public assistance provided to beneficiaries. 42 U.S.C. § 1396k,  Must review State law.

HOSPITAL

The No Surprises Act aims to protect individuals covered by group and individual health insurance plans from surprise medical bills. It generally prohibits balance billing for emergency services, certain non-emergency services from out-of-network providers at in-network facilities, and out-of-network air ambulance services. Review your State's law.

ERISA

Employee Retirement Income Security Act of 1974 (ERISA), Section 502(a)(3), A FEDERAL LAW, allows health insurance plans to seek reimbursement for benefits paid when a plan participant receives a settlement or judgment from a third party for their injuries.

WORKERS COMPENSATION

This allows employers or their insurance carriers to recoup benefits paid to an employee from a third party who caused the employee's injury. Review your State statutes. e.g., Florida Statute 440.39 .

Follow Us

  • LinkedIn
  • Facebook
  • Instagram
White logo - no background_edited.png

Contact Us

Office/Fax 407-232-7676

P.O. Box 590074

Orlando, FL 32859

bottom of page