When it comes to Medicaid, there can be a lot of questions around if a personal injury settlement might affect it and just how one might go about reporting a settlement to Medicaid.
Personal injuries can arise out of nowhere and often leave victims with a lot to consider in the aftermath. Resulting from car accidents, work-related accidents, and a number of other accident types, personal injuries sustained due to the negligence of another person afford victims the right to pursue compensation.
To answer the question of can a personal injury settlement affect Medicaid in Ohio after you pursue compensation via a claim or a lawsuit, we explore the answers below.
Can A Personal Injury Settlement Affect Medicaid In Ohio?
The long and short answer to can a personal injury settlement affect Medicaid in Ohio is yes.
Medicaid can affect a personal injury settlement via the fact that they will seek reimbursement for any kind of medical costs that they covered for your care after an accident.
If you have questions specific to your case and what Medicaid might seek, reach out to a personal injury lawyer in Columbus, OH.
Does Medicaid Affect My Settlement In Any Way?
As stated above, Medicaid can affect an individual’s settlement in some way. The law that ties directly into Medicaid and how they can seek reimbursement from an individual’s settlement is Section 5160.37(A) of the Ohio Revised Code.
The beginning of this section reads as:
“A medical assistance recipient’s enrollment in a medical assistance program gives an automatic right of recovery to the department of Medicaid and a county department of job and family services against the liability of a third party for the cost of medical assistance paid on behalf of the recipient.”
The third party, as mentioned in the above section, refers to the insurance company of the person who injured you or the company that caused your injury. When an action or claim is brought against a third party in the aftermath of a personal injury, they are “subject to the recovery right of the department of Medicaid or county department.”
How Much Can Medicaid Take From A Settlement?
Now that we know that Medicaid can affect the overall settlement amount that someone who is pursuing a personal injury case in some way, that leaves us with the question of how much can Medicaid take from a settlement.
And in terms of the amount that Medicaid can take from a settlement, that is also outlined in Section 5160.37(A). This section states that “the department’s or county department’s claim shall not exceed the amount of medical assistance paid by the department or county department on behalf of the recipient.”
The amount of the settlement that Medicaid can take depends on a few factors such as:
- How much Medicaid paid for any personal injury related healthcare
- Whether or not your settlement includes money that is specifically tied to medical/healthcare expenses
- The kind of Medicaid plan you are enrolled in
With those factors in mind, Medicaid will be able to take an amount that is equal to what they paid to cover your care that resulted from the personal injury.
What Is The Personal Injury Claim Settlement Process in Ohio?
The personal injury claim settlement process in Ohio can vary depending on if you pursue the case on your own or with the help of a personal injury lawyer in Columbus, OH.
In Ohio, you will typically have a two year period in which to file a personal injury claim after your injuries are sustained. Once you file a claim, there may be some back and forth between the third party’s insurance company and your personal injury lawyer.
Things like investigating the accident and handling negotiations will most likely happen before you receive any kind of settlement offer. From there the settlement process may continue with further negotiations unless both parties cannot come to an agreement.
A lawsuit might be filed in that case.
And keep in mind, whether a settlement is reached or a lawsuit is filed, Medicaid can have an affect on the settlement that you will receive.
About the Author
Heit Law, LLC is a personal injury law firm based in Columbus, Ohio that works with clients across a number of different areas. Their team work to represent their clients with a strong voice in cases that range from wrongful death incidents, drunk driving accidents, truck accidents, and everything in between. With year of experience behind the team at Heit Law, LLC, they have a dedicated focus on each case they work.