Can Medicare Recover UIM?

Question: A client settled a car accident claim for policy limits (very small policy) and now we want to go after her underinsured policy - but I can't get a straight answer from Medicare whether they'll make a claim to those funds. Is this written somewhere?

Thank you!
Colorado Attorney

Answer: Yes, Medicare can recover from UIM. Under the MSP laws (42 U.S.C. § 1395y(b)), Medicare does not pay for items or services to the extent that payment has been, or may reasonably be expected to be, made through a no-fault or liability insurer or through Workers' Compensation. It is important to note at this point that under 42 CFR §411.50, "liability insurance" means insurance (including a self-insured pan) that provides payment based on legal liability for injury or illness or damage to property . It includes, but is not limited to, automobile liability insurance, uninsured motorist insurance, underinsured motorist insurance, homeowners' liability insurance, malpractice insurance, product liability insurance and general casualty insurance.

I hope this was helpful.