Department of Health Care Services’ Right to Reimbursement of Medical Expenses Covered on Behalf of a Medi-Cal

When a plaintiff asserting a bodily injury claim against a third party has had medical treatment expenses relating to the injury covered by Medi-Cal, the Department of Health Care Services (“DHCS”) generally has a right to reimbursement of these costs.

Under these circumstances, DHCS will assert a lien against any settlement, judgment, or award obtained from a liable third party for health care services that Medi-Cal covered on behalf of the Medi-Cal member relating to the injury. (WIC § 14124.71). The plaintiff must resolve this lien before he or she can obtain disbursement from any settlement, judgment, or award that has been recovered.

The lien asserted by DHCS is limited to the portion of the settlement, judgment, or award that represents payment for medical expenses or care covered by DHCS. (WIC § 14124.76).

DHCS has the authority to compromise, settle, or waive any claim to recovery under this Section. (WIC § 14124.71). Thus, if DHCS has asserted a lien for reimbursement on your bodily injury settlement, seeking the advice of legal counsel can assist in negotiating this lien in order to increase your total recovery award.

If you need assistance with a lien asserted by DHCS on your bodily injury recovery or you have any questions, please our office at 626-577-7700.

DISCLAIMER:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

Categories: