Legal Question in Insurance Law in California

Claimant was hospitalized and now has filed a 90-day NOI Med Mal claim. Claimant does not have Medicare coverage anymore, but has CalOptima. So, since CalOptima paid for the hospitalization, does Claimant have to report the claim (for settlement lien purposes) to Medicare or to CalOptima, or to both?

Asked on 2/16/17, 6:28 pm

1 Answer from Attorneys

Timothy McCormick Schneider, Holtz & Hutchison

The question is who paid for the treatment that RESULTED from the alleged malpractice. That is the entity that would have a lien. Who paid for the negligent treatment is irrelevant.

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Answered on 2/16/17, 8:26 pm

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