Do I Have To Pay Back The Medicaid Lien?

Imagine you have litigated a nursing home negligence case for years and you finally have received a reasonable offer to settle.  As you present the news to your client he says “do I have to pay back the Medicaid lien? If I do there won’t be much left for me and I won’t settle.”  You quickly look at Florida Statute 409.9101 to see if you can negotiate the lien.  You don’t find what you are looking for so you call our office.

There are several exceptions to recovery of the Medicaid estate recovery lien.  The lien cannot be enforced or collected if:

1. Plaintiff/Medicaid recipient is under age 55+ at time of death;

2. Plaintiff/Medicaid recipient owns a homestead;

3. Plaintiff/Medicaid recipient is survived by a spouse, disabled child or  disabled adult child.

There is also a waiver provision under the statute.  If a child or sibling of the plaintiff served as a caregiver for 1 year which helped delay entry into a residential facility the lien is completely waived under the hardship provision.

When you consult with us, we’ll review the facts of the case to determine whether the Medicaid estate recovery lien can be waived

This is just one of many rewarding reasons why we do what we do!  Support your clients by encouraging them to consult with our firm to advocate on their behalf and put their legal affairs in order.