Can Medicare take my personal injury settlement in Georgia?

Can Medicare take my personal injury settlement in Georgia?

Yes—but only its proportionate share of compensation attributable to past medical care Medicare paid. Under the Medicare Secondary Payer Act (42 U.S.C. § 1395y(b)), Medicare is entitled to reimbursement if it paid for your injury-related medical treatment. However, the total amount Medicare can recover is limited by the ‘lesser of’ rule and can be negotiated down. Failure to properly resolve a Medicare lien can expose both you and your attorney to double damages under federal law, which is why hiring a firm like Haug Barron Law Group with Medicare lien experience is essential.