A person may qualify for Medicare after the age of 65, or before 65 if they qualify for Social Security Disability Insurance as an injury victim. Once someone is considered legally disabled, it takes thirty months for them to qualify for Medicare. It takes about five months for a person who has been named as disabled to receive their first payment. Twenty-four months after the person receives their first Social Security Disability payment, their Medicare coverage will begin. Medicare consists of Part A and Part B. Medicare Part A covers the bill for your hospital stays, the doctor’s bill from a hospital stay, and some care at home when it is needed. Medicare Part B covers outpatient medical bills such as doctor bills from outside the hospital, and any other medical bills which are not covered by Medicare part A. Those who wish to understand more about Medicare, Medicaid Liens, and setting up a Special Needs Trust should contact the law offices of Thomas R. Mullen in Quincy, Massachusetts.

Medicare Secondary Payer

When a patient uses more than one health care plan, such as Medicare and another insurance provider, then each type of coverage is known as a “payer.” The primary payer will pay the amount that you owe on your medical bills first; then the secondary payer covers what is left of the balance. When Medicare is the secondary payer, that means another insurance plan covers the medical bills first. If the amount they pay covers the entire bill, then of course neither they nor Medicare will need to pay any more. If the primary payer does not cover all of the bill, then as the secondary payer, Medicare will pay their part of the bill. In some cases, Medicare may not cover enough to finish off the bill, and there is a third payer. Under federal law, Medicare will seek to recover all monies they have paid out if the medical services provided were as a result of an accident. Attorney Thomas R. Mullen Esquire can help you minimize this

Medicare Set-Asides for the Dually Eligible

At times, a person may find that they are what is known as “dually eligible,” or eligible for both Medicare and Medicaid. When this happens, it can be beneficial for them to have Medicare Set-Asides or a Special Needs Trust. (SNT) depending on the particular circumstances This will help preserve that person’s dual eligibility. When a person who is a Medicare recipient, or will be in the near future, sets aside a part of their settlement or annuity to cover any future expenses which Medicare would have ordinarily cover, this is known as a Medicare Set-Aside. It is an allocation which is created from a liability case, or a worker’s compensation case.

Medicaid Liens

Often, those who have won personal injury settlements find themselves the victim of a Medicare or Medicaid lien. When a person is injured in an accident which was caused by a third party, both Medicare and Medicaid have the legal right to demand repayment of anything which they have paid out on behalf of the patient. When this happens, Medicaid or Medicare can seize the funds which a person has won in a personal injury settlement up to the total amount they have paid on your behalf. If you find yourself in such a situation, contact Attorney Thomas R. Mullen today at 617-770-1050.

Thomas R. Mullen
Thomas R. Mullen has been an attorney since 1977 and has devoted his practice exclusively to elderlaw since 1988. He is nationally recognized as one of the foremost experts on Medicaid planning. His additional Practice areas include estate planning and trusts for disabled people, as well as assisting attorneys with Medicaid lien allocations and the Medicare Secondary Payer Act. In the Spring 2013 issue of the National Academy of Elder Law Attorneys (NAELA) Journal, Attorney Thomas R. Mullen of Quincy, Mass. was described by the Academy’s Massachusetts past president and law professor William J.Brisk as being “a prominent and innovative elderlaw attorney.”