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The definition of a medical lien It's a legally binding agreement between a healthcare provider and the patient. It gives the healthcare provider the ability to recoup money owed for treatment by placing a request on the patient's personal injury claim.
Once you notify the DHCS, you can begin to create a Medi-Cal lien. A lien gives the government the right to collect ? a kind of I.O.U. to be paid later. Medi-Cal's right to collect allows the organization to request a refund from personal injury settlements for treatment funds.
Under Welfare and Institutions Code section 14124.72, Medi-Cal's reimbursement consists of the benefits it has paid minus 25% for attorney's fees and a pro rata share of the litigation costs. However, pursuant to section 14124.78, Medi-Cal cannot recover more than the plaintiff's net recovery.
A personal injury settlement will not cause a cancellation or have any other adverse effects on an injured party's Medi-Cal coverage. Rather, the program is structured like all other health insurance such that an injured accident victim will not recover double benefits for the same injuries.
?? If the injured party is Medi-Cal eligible, DHCS will send a "Notice of Lien" asserting its recovery rights within 30 days of the referral. If the injured party is not currently Medi-Cal eligible, DHCS may send notification stating the Medi-Cal status will be rechecked for retroactive eligibility in 90 days.