Legal Question in Personal Injury in New York

In the state of NY can medicaid put a lien on money received from a personal injury lawsuit, when they did not pay for any of your medical expense regarding the the injury.


Asked on 6/25/10, 9:04 am

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

They should only have a lien on money used to pay for your medical care as a result of the negligence. That being said... they have been given enormous powers and their third party administrator MSPRC is very difficult to deal with. So if they are claiming a lien on medical care they did not pay for it is almost impossible to fight them. Your attorney can object but he/she are statutorily obligated to pay them and now and appeal later. In fact, even the defense counsel has a duty to pay Medicaid at settlement time.

I hope that helps.

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Answered on 6/25/10, 12:28 pm


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