Medicaid liens are unfortunately a part of estate and probate administration in Pennsylvania. And they are a part of estate administration that loved ones are rarely prepared for or aware of. The Commonwealth of Pennsylvania is legally allowed to assert liens on proceeds from lawsuit settlements received by Medicaid recipients. Current PA laws state that it is entitled to the liens because the proceeds were compensation for medical expenses, which the Commonwealth of Pennsylvania had paid for the recipients through Medicaid benefits. If you, or a loved one, has any sort of estate planning need in Pennsylvania, including Medicaid liens, please contact our Philadelphia estate planning attorneys for a free case evaluation.
Our probate administration attorneys serve all of Pennsylvania including Philadelphia County, Bucks County, Delaware County, Montgomery County & Lancaster County.
Federal Legal Issues Surrounding Medicaid Liens In Pennsylvania
There are two glaring legal problems with a lien to recover Medicaid benefits. First, federal law prohibits liens on the property of Medicaid recipients. Second, another federal law bars the state from recovering Medicaid benefits from recipients. With these laws in mind how can Pennsylvania have a lien to recover its Medicaid benefits if there’s a law against liens and another against recovering benefits from Medicaid recipients? Please contact our Pennsylvania elder law attorneys to discuss your Medicaid lien case and how we can help you.
Pennsylvania Statutes Regarding Medicaid Liens
In the Commonwealth of Pennsylvania there are two statutes regarding Medicaid liens. One requires the state to recover medical expenses paid by third parties. Another saying that Medicaid recipients must assign their rights to recovery of medical expenses to the state. Pennsylvania can go after these settlement proceeds. As these federal and state laws seem to conflict it is very wise to reach out to our Pennsylvania elder law attorneys handling Medicaid liens.
Philadelphia Attorneys Handling All Elder Law Cases
Under Pennsylvania law the state can assert a lien against the Medicaid recipients’ settlement proceeds. The catch is that the recipients are legally allowed to contest the amount of the lien. Our Philadelphia estate planning attorneys can help. Please click here to contact our legal team and begin your free case review.
Our Philadelphia, Pennsylvania Medicaid Lien Attorneys serve those with estate planning needs throughout Southeaster Pennsylvania. This includes the Philadelphia, Doylestown, Media and Norristown areas.