Does Medicare subrogation right attach to UM proceeds?
Answer: Yes. See: 42 U.S.C. Sec. 1396y(b)(2)(b)(III): "(iii) Action by United StatesIn order to recover payment made under this subchapter for an item or service, the United States may bring an action against any or all entities that are or were required or responsible (directly, as an insurer or self-insurer,. . . (iv) Subrogation rights
The United States shall be subrogated (to the extent of payment made under this subchapter for such an item or service) to any right under this subsection of an individual or any other entity to payment with respect to such item or service under a primary plan."
Posted on Thu, April 7, 2011
by Sharon Coleman filed under