Settlement FAQs

can mainecare take my accident settlement money

by Dr. Cornell Langworth IV Published 3 years ago Updated 2 years ago
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No you dont. Keep in mind that Medicare is only entitled to reimbursement for the medical care you received as a result of the injuries you suffered in the accident. For instance, if you suffered a broken leg in the accident and then undergo treatment on the leg from January to May, you have to reimburse them for those treatments.

Full Answer

Will a car accident settlement affect my eligibility for Medicare?

Those over age 65 and disabled persons under age 65 receive Medicare regardless of income; however, Medicare recipients must pay a small premium, some hospital bills, and copays. Because Medicare is not an assistance program, and income doesn’t play a role, accepting a car accident settlement will not impact your eligibility for benefits.

Will a personal injury settlement affect my SSI or Medicaid eligibility?

When you get into a car accident and end up getting into a personal injury settlement, this can affect your SSI and Medicaid eligibility. SSI has income and resource limits and a settlement can be an income. According to the SSI program, the more you earn, the less SSI benefits you receive.

Can a hospital collect money from an accident settlement?

When a patient is in an accident, he or she may require extensive medical services. The amount that is left over after an insurer pays its portion can be very high. The patient legitimately owes this money, and the hospital legitimately can collect it from the proceeds of the accident settlement.

Does estate recovery apply to MaineCare?

Does Estate Recovery apply to MaineCare? Estate Recovery applies if you are 55 years old or older and have MaineCare paying for care in a nursing home, in assisted living or home care. Check out our Estate Recovery flyer for more details.

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Will a settlement affect my Medicare?

Since Medicare is an entitlement benefit and not a needs-based program, a client who receives legal settlement won't lose their Medicare benefits. It will not be impacted when a client receives a settlement.

How does a settlement affect Medi-Cal?

A personal injury settlement will not cause a cancellation or have any other adverse effects on an injured party's Medi-Cal coverage. Rather, the program is structured like all other health insurance such that an injured accident victim will not recover double benefits for the same injuries.

Does accident compensation affect benefits?

If a compensation settlement takes you above a certain threshold, it may have a bearing on the amount of benefits you can claim. The main means-tested benefits that are affected by both income and savings include: Universal Credit.

Does settlement money affect Social Security benefits?

Social Security and SSDI government-benefit programs are entitlements, therefore they are not means tested; asset and income limits do not apply; settlement proceeds will not impact eligibility.

What is MaineCare deductible?

Basically, if your medical bills go over a certain amount during a (usually) six month period, MaineCare will kick in and cover you for the rest of that time period. This can be an important safety net if you have high medical bills.

How to contact Maine Health Insurance?

For help understanding these limits, asset levels or how to apply, call our Maine Health Insurance Consumer HelpLine at 1-800-965-7476. Family Size. Adults with Medicare or 65 years and over. (includes disregards)

How to contact the Health Insurance Marketplace?

Check out the Health Insurance Marketplace and Other Helpful Programs sections of this Guide or call the HelpLine at 1-800-965-7476 for more information.

Where to mail Maine unemployment application?

Call 1-800-965-7476 to have one mailed to you, or print an application at: www.maine.gov/dhh s/ofi/public-assistance. Mail it to: DHHS, 114 Corn Shop Lane, Farmington , ME 04938. Tip: Send it by certified mail and keep a copy of the mail delivery receipt. This way you can prove the date you applied.

Does income count against you?

Only income is looked at for eligibility. Not all income will count against you.

Why Can Medicaid Take Money From My Injury Settlement?

Arkansas law and federal law require Medicaid to be reimbursed if Medicaid has paid for your treatment. Medicaid may look for repayment from the other party, by getting involved in your court case. They may also seek repayment from the your settlement, if you receive one.

Can Medicaid Force Me To Pay Money From My Settlement?

The short answer is yes. In fact, the law can hold you or your attorney responsible to pay Medicaid’s claim. Your settlement agreement will contain language stating that you do agree to satisfy its claim from the settlement proceeds.

How to apply for medicaid in Maine?

Click here to find the office nearest you. In addition, persons can download an application here. There is an application for Regular Medicaid (MaineCare Application), as well as an application for nursing home Medicaid and HCBS Medicaid Waivers (Application for Long Term Care MaineCare ). Completed applications can be dropped off at one’s local DHHS OFI office. Alternatively, applicants can return the completed application by fax or mail. The appropriate fax number and mailing address can be found on the application.

How much is the Medicaid exemption in Maine?

These exemptions are in addition to the Medicaid asset limit of $2,000 for a single individual and $3,000 for a married couple.

What is CSRA in Medicaid?

This, in Medicaid speak, is called the Community Spouse Resource Allowance (CSRA) and is intended to prevent spousal impoverishment of non-applicant spouses. As with the income allowance, the resource allowance does not apply to married couples with one spouse applying for regular Medicaid.

How much can a spouse retain for Medicaid?

For married couples, with one spouse as a Medicaid nursing home applicant or Medicaid waiver applicant, the community spouse (the non-applicant spouse) can retain up to a maximum of $130,380 (in 2021) of the couple’s joint assets, as the chart indicates above.

What income is counted for Medicaid?

Examples include employment wages, alimony payments, pension payments, Social Security Disability Income, Social Security Income, IRA withdrawals, and stock dividends.

Can Maine seniors get medicaid?

Before submitting a Medicaid application, it is vital that Maine seniors be certain that all eligibility requirements, as discussed above, are met. If one does not meet the income and / or asset limit (s), or are unsure if the eligibility criteria is met, Medicaid planning is strongly suggested. The Medicaid application process can be complicated, and if not done correctly, can result in a denial or delay of benefits. For more information on applying for long-term care Medicaid, click here.

Is there a free test for Medicaid eligibility?

The American Council on Aging now offers a free, quick and easy Medicaid eligibility test for seniors.

What happens if you get a settlement over $2,000?

Hiring a qualified SSI attorney is the best way to ensure you don’t have to choose between a settlement for damages from a car accident and your SSI benefits.

What is SSDI in car accident?

Social Security Disability Income (SSDI) is provided to those who have a severe permanent disability preventing work. The SSA does not view SSDI as earned income, so if you are receiving these payments, a car accident settlement should not impact them.

What Is Medicaid?

Medicaid is government-subsidized healthcare coverage for low-income adults, children, pregnant women, and those with disabilities. Each state administers its own Medicaid program. Michigan typically determines Medicaid eligibility based on an individual’s income, specifically their modified adjusted gross income (MAGI). Limits, which are tied to the federal poverty level, vary based on whether the recipient is a child, a pregnant woman, or an adult. Yet, some individuals are exempt from income requirements for Medicaid. Additionally, federal law requires that certain groups receive mandatory coverage under Medicaid; those who receive SSI automatically receive Medicaid coverage.

What Is the Difference Between Medicaid and Medicare?

Medicare is health insurance subsidized by the federal government. Unlike Medicaid, which is an assistance program, Medicare is not based on income. Those over age 65 and disabled persons under age 65 receive Medicare regardless of income; however, Medicare recipients must pay a small premium, some hospital bills, and copays. Because Medicare is not an assistance program, and income doesn’t play a role, accepting a car accident settlement will not impact your eligibility for benefits.

How Can I Protect My SSI and Medicaid Benefits?

An individual’s financial situation and the amount of a settlement will determine the best way to protect SSI and Medicaid eligibility. Two popular options include spending down settlement proceeds and creating a special needs trust. Spending settlement money to keep SSI and Medicaid benefits is typically associated with small settlement amounts. Yet, many rules are associated with spending down settlement money. For example, you must spend your settlement money the same month as you receive it. In addition, you can only spend money on things which the SSA will not count as resources to push you above the threshold.

Does a car accident settlement affect your SSI?

Receiving a car accident settlement can alleviate some or all financial burden and reduce stress, allowing injured victims to focus on recovery and rehabilitation. Yet, accepting a settlement after a car accident can also affect your supplemental security income (SSI) and Medicaid benefits. Learning how a settlement will impact your benefits ...

Can you keep your SSI after a car accident?

After a severe car accident, you shouldn’t have to choose between accepting a settlement for damage s or keeping your SSI and Medicaid benefits. In most cases, you can keep your eligibility for these need-based assistance programs as long as you plan ahead.

How much does Medicaid pay in Michigan?

Depending on the assessment of the Social Security Administration, the monthly payments can go as high as $771. In Michigan, Medicaid also covers those who qualify for SSI benefits. Medicaid is a healthcare program that pays for the medical expenses of persons who are disabled, elderly, young, or poor.

How to protect your SSI and Medicaid?

There are two things that you can do to protect your SSI and Medicaid benefits: Spend the settlement money in the same month on something that will not count as resources. It’s okay if you receive only a reasonable amount.

Can you claim on your insurance if you get into an accident?

Getting into an accident is terrifying. It carries not only financial burdens but also physical trauma and injuries. You could miss days of work, and you might need special medical treatments or medications. For any person, the situation is easy to resolve. You can seek out a settlement between you and the other car owner, or you can claim from your insurance. However, it’s not the same for everyone. For people who receive Supplemental Security Income, it may be a lot more complicated than that.

Is it okay to receive only a reasonable amount of money?

It’s okay if you receive only a reasonable amount. According to the SSA, the following are excluded in calculating your resource limit:

Can you get SSI if you get into a car accident?

When you get into a car accident and end up getting into a personal injury settlement, this can affect your SSI and Medicaid eligibility. SSI has income and resource limits and a settlement can be an income. According to the SSI program, the more you earn, the less SSI benefits you receive.

What happens when an insurance company pays for an accident?

When a patient is in an accident, he or she may require extensive medical services. The amount that is left over after an insurer pays its portion can be very high. The patient legitimately owes this money, and the hospital legitimately can collect it from the proceeds of the accident settlement. However, sometimes hospitals will try to get a second slice of the pie by billing the patient not only for the portion he owes after the insurer has paid its part, but also the difference between the charge contracted with the insurer and its regular charge. In our chest x-ray example, that means that the hospital would try to claim $30 plus the discounted $50 from the patient's injury settlement. This can add up quickly! This practice, known as "balance billing," is illegal in some states. However, some hospitals are apparently ignoring the law where auto insurance liability settlements are involved.

How Does a Hospital Make a Claim on a Settlement?

She has health insurance through an HMO, and gives that information to the hospital, but also tells the hospital that she was injured by a defective product. Hospitals, without a patient's permission, may file a lien on an accident insurance settlement within a certain period (often between ten and thirty days) after they have provided care . The hospital files a lien against any settlement Jane receives.

How do Health Care Providers Overreach?

A health insurance company will contract with a hospital to pay a certain percentage or certain fixed amount for each type of charge. For example, a hospital's normal charge for a chest x-ray may be $150. The insurer may contract to cap the total payment due for a chest x-ray at $100. In turn, the insurer's contract with its customers may require the insurer to pay 70 percent of the cost of x-rays. Therefore, if a patient receives a chest x-ray, the insurer will pay $70 (70 percent of the $100 agreed cost), and the patient will have to pick up the remaining $30.

How long does it take for a hospital to file a lien on an accident?

Hospitals, without a patient's permission, may file a lien on an accident insurance settlement within a certain period (often between ten and thirty days) after they have provided care. The hospital files a lien against any settlement Jane receives. The insurer settled with Jane for $10,000. Her hospital bills amounted to $5,000, 70 percent ...

How much money did Jane owe the hospital?

The amount she owed personally was $2,500. However, rather than collecting $2,500 through the lien, the hospital collected $5,000-the $2,500 Jane owed plus $2,500 that it would have charged if not for the discount contracted between it and Jane's insurer. In many places, the hospital broke the law.

Who's on the hook for the additional $50 of the hospital's regular charge?

Who's on the hook for the additional $50 of the hospital's regular charge? Nobody. The hospital's contract with the insurer effectively resets the price of the x-ray for the insurer and its policyholders.

Can you have your medical bills paid twice?

The theory behind subrogation is that a person should not have his medical bills paid twice-once by his health insurer, and a second time in the form of a settlement or judgment for damages in an accident liability case. So, rather than having your medical bills paid by the insurance company and getting the equivalent sum to keep from ...

What happens if you deposit a personal injury settlement check?

So if you deposit your personal injury settlement check like it’s your paycheck, it’s all mixed together and available for creditors to drain it out of your bank account. If a creditor files suit against you, a court may order you to pay the creditor out of your bank account where your settlement funds are stashed.

What happens if you don't protect your settlement money?

If you don’t protect your settlement money, its exempt status could be in jeopardy and you risk losing it to a creditor. Here’s why. California law allows creditors to garnish either 25% of your disposable income or the amount by which that exceeds 40 times the state’s hourly minimum wage, whichever is lesser.

What happens if you fail to pay a lien?

Liens are legally binding documents that essentially force you to pay the creditor at some point in the future. If you fail to pay, you may face a court battle. Liens sometimes go along with personal injury awards and guarantee a company – like a doctor’s office – payment after your settlement is final.

How long does it take for a debt collector to provide information?

If they don’t immediately furnish you with this information when asked, they are legally required to do so in writing within five business days of your request.

How to reduce the amount you owe?

Arrange to decrease the total amount you owe if you pay it all off by a certain date. Create a less aggressive payment plan that gives you more breathing room each month. Offer the IRS a partial payment that stops them from seizing your personal injury settlement.

How to protect yourself from a personal injury settlement?

Save All the Paperwork: Maintain accurate records of where your settlement money came from and exactly where it goes. Keep all receipts, invoices, and bills that you paid with your settlement money. This creates a paper trail for your personal injury settlement. If it’s ever in dispute, even months or years later, you can easily provide proof to protect yourself.

How to protect your settlement?

To protect those assets, here are some things you can do. Separate Your Settlement: Keep all settlement money separate from other funds. This means you must deposit it in a completely different account from your savings, paycheck, an inheritance, or any other money you have.

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  • Make note, Maine is unique in that the state allows a single individual an exemption of $8,000 in liquid assets and married couples an exemption of $12,000. (Liquid assets include checking and savings accounts). These amounts are in addition to the Medicaid asset limit of $2,000 for a single individual and $3,000 for a married couple. Hence, the $1...
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