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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2983
Experience:  personal injury and medical malpractice attorney
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I own a small PT practice in NY. One of my patients has

Customer Question

I own a small PT practice in NY. One of my patients has Medicare but was involved in an MVA that she was then covered under her no-fault auto insurance. Following a period of several months the NF carrier deemed she no longer required medical care. After taking a short break, she returned for treatment under Medicare for a different body part.
There is a large settlement pending for her NF case.
Medicare sent a letter to her and her attorney stating that funds may be recovered if they are deemed related to her MVA and NF.
Her attorney wants me to send a short letter stating that the body part I was treating under Medicare was not related to her MVA.
I have not received any notification from Medicare for any additional information; I'm not a fan of her attorney and feel that if Medicare is not asking me for anything I don't was to start signing letters that will be sent to Medicare when they are not requesting information from me. I say this because they have requested info from me before when they really needed it.
I already affirm on each claim, "not related to WC or NF" as per a recent call to Medicare.
Should I write the letter or decline to get involved unless Medicare contacts me by mail?
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 2 years ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

First and foremost, you are under no obligation to provide this information to the attorney or medicare. Having said that, you would be a great asset to your patient's legal situation in rhis circumstance. I have personally had some various problems relating to liens with Medicare (cms), if any care is related to the injuries at hand that was covered by Medicare, your patients attorney needs to get ahead of the problem because the super lien from cms can become a big problem for any settlement negotiations if in fact it was related to the mva. If there is genuinely no relation between the injuries and the payments made by Medicare, then it shouldn't be a problem making a statement explaining that fact. Again, this decision is ultimately up to you but it can greatly help your patient's situation if you can support the idea that Medicare/cms is unrelated to certain medical care and thus any possible lien will a smaller amount.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 2 years ago.

Just checking back in, do you have any further questions? If not, please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq replied 2 years ago.

Any chance for a positive rating?