Medicare Lien Before Med-Pay

Does a Medicare lien attach to med-pay benefits paid in an Oklahoma wreck and Oklahoma policy and if so must the insurance company pay the med-pay benefit directly to the medical provider? An adjuster I'm dealing with is claiming yes on both questions.

Answer: Medicare’s lien does attach to med-pay. 42 U.S.C.A. §1395y(b) (2) (B) (iii). See also: 67 OBJ 1092 “Simple Steps to Subrogation in Personal Injury Cases Involving Medicare Beneficiaries” Lanell Webb Collins. The insurance company is liable if the lien does not get paid so the insurance company is likely to want to pay it direct. I have had them let me give them an indemnification where I personally agree to indemnify the insurance company if the lien does not get paid.