Medicare Lien Statute of Limitations

Federal law provides CMS with the right of recovery through Medicare liens.

Federal law gives Medicare subrogation rights to any recovery a Medicare participant may receive in a personal injury case. The Centers for Medicare and Medicaid Services (CMS) has a right of action that lasts considerably longer than most other statutes of limitations.

What is a Medicare Lien?

A Medicare lien is a means by which the federal government seeks reimbursement. It occurs when an individual receives Medicare benefits as a result of an injury and there is a subsequent personal injury case where there is an award for workers' compensation, medical malpractice or general litigation claims, among other awards. Federal law provides that Medicare has a subrogation interest in those situations.

Statute of Limitations

The statute of limitations for Medicare liens is six years after the right of action accrues.

When Does the Statute of Limitations Start?

The Medicare statute of limitations starts to run once CMS is alerted of any overpayment that occurs as a result of an award from workers' compensation, personal injury or medical malpractice lawsuit or settlement.

References

• 28 U.S.C. § 2415
• 42 U.S.C. § 1395y
• 42 C.F.R. § 411.24

Resources

• Center for Medicare and Medicaid Services
• The Official U.S. Government Site for Medicare