Medicaid Liens and the Supreme Court
There was a recent decision handed down by the Supreme Court on Medicaid liens. This means if you’re injured and Medicaid pays your bills, the state gets reimbursed their medical expenses that they paid before your get your award in your personal injury case. The big issue is in Florida with this case and whether or not the state can collect your future award of medical expenses from your settlement or a jury verdict.
The answer was yes, they can.
The argument is they’re taking your money from potential future benefits that they may never have to pay. First of all, you may not be on Medicaid tomorrow. You may have your own health insurance, your own job, but they are entitled to be reimbursed.
It was an interesting legal argument and it does affect injured people because a lot of people are on Medicaid. And so that’s one issue the Supreme Court decided. This will affect the attorneys that represent the injured individual as well.
They decided a couple issues about mandatory arbitration and whether we as citizens, once we sign on the yellow brick road, little dotted lines, are we compelled to have arbitration instead of being able to go to court or start class action. They rendered a couple decisions on that issue.
Many may say they aren’t a fan of mandatory arbitration because they feel forced into something that isn’t designed for everyone, which is very true. Unfortunately, if you deal with anything on the internet or digitally, they will have some kind of mandatory arbitration form. This type of agreement is never to the subscriber’s benefit. Mandatory Arbitration provisions only help the person(s) that implements the agreement. The downside is most of the time you can’t afford to do the arbitration to begin with because your claim is not big enough or you can’t even afford it.
The Bottom Line
The bottom line essentially, means there’s no legal remedy. Remember, the Team at Stanley Law is here for you if you have any questions. With offices in Syracuse, Binghamton, Watertown, Rochester, Oneonta, and Montrose, PA, we can meet you at our offices, travel to you, do a virtual zoom call even if that’s a preferred way for you to connect. Call us at 1-800-608-3333.
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