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Repay medicaid?

KAYVEE

Junior Member
#1
Do i have to repay n.y. Medicaid if i win wrongful death lawsuit from my 35 yr. Old disabled son(living with me)and i was receiving medicaid benefits (from 2004-june 2017)?
 


adjusterjack

It's a Dry Heat
#2
Yes.

But you might be able to negotiate a compromise with Medicaid if you do it before you settle.

Have your lawyer look into that.
 

LdiJ

Senior Member
#3
Yes.

But you might be able to negotiate a compromise with Medicaid if you do it before you settle.

Have your lawyer look into that.
I am not sure that the answer is quite that simple. The following has a fairly thorough explanation:

https://www.elderlawanswers.com/medicaids-power-to-recoup-benefits-paid-estate-recovery-and-liens-12018
 

Just Blue

Senior Member
#4
Do i have to repay n.y. Medicaid if i win wrongful death lawsuit from my 35 yr. Old disabled son(living with me)and i was receiving medicaid benefits (from 2004-june 2017)?
First I would like to say how sorry I am about the death of your son. I do have a few questions...
Who is the Medicaid for? You or your son? If for your son is this related to the wrongful death...ie...was he on medicaid due to what caused his death?
 

adjusterjack

It's a Dry Heat
#5
I am not sure that the answer is quite that simple.
It actually is that simple.

My father died of medical malpractice. My mother sued the hospital on behalf of herself and his estate. The hospital made a settlement offer that was adequate but Medicaid demanded all of it. My mother was not personally responsible for paying back Medicaid, the estate was, but she had the say as to whether the estate accepted the settlement or not.

She refused to accept any settlement unless Medicaid compromised the lien. No settlement meant no money back to Medicaid and no money for the lawyer. My mother would have been no worse off without the settlement because she had her own money.

She essentially gave the finger to Medicaid and her lawyer. The lawyer negotiated with Medicaid. Medicaid accepted a fraction of the settlement, the lawyer got his cut, my mother got the rest.

What I'm saying is that one negotiates before accepting any settlement because that's when one has all the leverage. Even Medicaid will settle for some money instead of no money and the lawyer has the incentive to negotiate.
 

LdiJ

Senior Member
#6
It actually is that simple.

My father died of medical malpractice. My mother sued the hospital on behalf of herself and his estate. The hospital made a settlement offer that was adequate but Medicaid demanded all of it. My mother was not personally responsible for paying back Medicaid, the estate was, but she had the say as to whether the estate accepted the settlement or not.

She refused to accept any settlement unless Medicaid compromised the lien. No settlement meant no money back to Medicaid and no money for the lawyer. My mother would have been no worse off without the settlement because she had her own money.

She essentially gave the finger to Medicaid and her lawyer. The lawyer negotiated with Medicaid. Medicaid accepted a fraction of the settlement, the lawyer got his cut, my mother got the rest.

What I'm saying is that one negotiates before accepting any settlement because that's when one has all the leverage. Even Medicaid will settle for some money instead of no money and the lawyer has the incentive to negotiate.
I am sorry but it was the "yes" part of your answer rather than the negotiating part of your answer that I was talking about.

I absolutely agree that negotiation is critical once its determined that Medicaid can actually go after the settlement.
 

ecmst12

Senior Member
#7
I think some people are misunderstanding the situation. OP is pursuing a wrongful death suit on behalf of his son. He received Medicaid benefits for HIMSELF. His lawsuit is unrelated to his own health coverage or anything that he himself received treatment for. So I see no reason why he would owe Medicaid any money in that case. If his SON was receiving Medicaid at the time of his death and they covered any of the bills surrounding his final illness/treatment, then they might need to be repaid for those bills, possibly. OP's lawyer should be able to figure that out.
 

LdiJ

Senior Member
#8
I think some people are misunderstanding the situation. OP is pursuing a wrongful death suit on behalf of his son. He received Medicaid benefits for HIMSELF. His lawsuit is unrelated to his own health coverage or anything that he himself received treatment for. So I see no reason why he would owe Medicaid any money in that case. If his SON was receiving Medicaid at the time of his death and they covered any of the bills surrounding his final illness/treatment, then they might need to be repaid for those bills, possibly. OP's lawyer should be able to figure that out.
Exactly...that is where I was coming from when I disagreed with Adjusterjack's "yes".
 

KAYVEE

Junior Member
#9
Mother sued hospital/drs. On behalf of son/estate. Son was getting disability. Mother was receiving medicaid (medical only). Her benefit (s) were not used on his behalf... Hope this clarifies situation. Case has not been settled (yet).
 

LdiJ

Senior Member
#10
Mother sued hospital/drs. On behalf of son/estate. Son was getting disability. Mother was receiving medicaid (medical only). Her benefit (s) were not used on his behalf... Hope this clarifies situation. Case has not been settled (yet).
As you were already told, your benefits should not be impacted. However, if your son was also receiving Medicaid they might go after some of the settlement to recover what they spent on his medical bills as they related to the settlement.