Published: Thursday, February 27, 2020
Medicare Madness: Wrongful Death Claims and Survivorship Claims and Release Language
We are seeing an uptick in CMS lien recovery issues across the board. A hot topic has been Medicare asserting liens against wrongful death recoveries. The law is clear that CMS has no lien rights against a California wrongful death recovery. If you only represent WD heirs in a lawsuit, then no claim for past medical special damages to which a CMS lien could attach are implicated.