Medicare's Interest After Death

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Written By: Epiq Subject Matter Experts


If my client dies before Medicare provides their lien amount, does Medicare still have a right to their lien? We have a client who hurt his hip in a fall. We settled the case, but he died today from unrelated issues. Does Medicare still have a lien?


Yes, Medicare's interest survives the death of your client. MSP Manual – “Recovery from Estate of Deceased Beneficiary” states, "A beneficiary's death does not materially change Medicare's interest in recovering its payments on behalf of the beneficiary while alive. Upon death, the estate of the beneficiary comes into existence by operation of law. An executor or administrator whose sole purpose is to conclude all business and financial matters that still remain at death manages it. Medicare's interest is the outcome of a third party claim and is one of these matters. Therefore, Medicare's claim is properly asserted against the estate."

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