Legal Rights for Medicaid Recipients in Missouri      

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Imagine having medical services performed, thinking you are covered by Medicaid, but instead, finding out that you have a lien against you instead.

This has happened to some people in Missouri who have become part of a class action lawsuit to eliminate the liens and get the financial situation resolved.

 

The Plaintiffs in the case are claiming that the liens are against monies that are not compensation for past medical bills and services and the liens are a violation against the plaintiffs, who are asking the supreme court for help in settling the situation.

 

The court granted a Class Certification because the money in dispute which resulted in liens is Workers’ Compensation funding that several hundred individuals received after accidents or injuries that kept them from working.  Their contention is that the Workers’ Compensation payments, which mainly replace lost salary, have absolutely nothing to do with Medicaid benefits, which are for medical expenses.  Another reason for the class action suit is to be sure that all of the plaintiffs will be treated the same and treated fairly.

 

Medicaid has said that many of the claims should be barred due to the fact that the statute of limitations eliminates them from being able to participate in a class-action lawsuit.  The court ruled that this issue could be determined later, as well as issues of class certification.

 

In the meantime, this will be an interesting issue to watch.  It is not a situation that comes up often, however with cuts in Medicaid budgets and services, as well as  states who are dealing with tight budgets and fiscal cuts, issues – especially precedent-setting lawsuits such as this one – important precedents are being set for the future and could affect q great many people – even you.  If you need information regarding your rights regarding Medicare or Medicaid, not only can you check with www.medicare.gov and www.medicaid.gov, but also AARP, The Disability Law Center in your area and the Medicaid Legal Information Institute at Cornell University on the internet at topics.law.cornell.edu/wex/Medicaid.

Entry Filed under: General-Medicaid, Missouri Medicaid