Medicare's Right to Recovery from estate

A beneficiary’s death does not materially change Medicare’s interest in recovering its payments
made on behalf of the beneficiary while alive. Upon death, the estate of the beneficiary comes
into existence by operation of law. An executor or administrator whose sole purpose is to
conclude all business and financial matters that still remained at death manages it. Medicare’s
interest in the outcome of a third party liability claim is one of these matters. Therefore,
Medicare’s claim is properly asserted against the estate.

Prior Authorizations

If the beneficiary has become deceased since an authorization was filed with the MSPRC, that authorization will be null and void.

New Authorizations

Individual state statues regulate who can legally represent a deceased beneficiary, but this may be confusing to the layperson. For instance the statue in New Mexico reads: Individual state statues regulate who can legally represent a deceased beneficiary, but this may be confusing to the layperson. For instancet he following definition is copied from the New Mexico Statutes Online:

I. "personal representative" means the executor or administrator of a decedent or, if no executor or administrator is appointed, qualified and acting, any person who has possession of any property.

Beneficiaries should obtain legal expert legal advice on how to show evidence they represent the beneficiary.

In general, a legal document that demonstrates representation may be acceptable. For instance:

  • Will -- portion that shows who inherits, not what
    • Preferably notarize
    • Witnessed at a minimum
  • Death Certificate
  • Demonstrate representation after death
    • Notice of Settlement
    Disclaimer -- Piatt Consutling and our staff cannot render legal, accounting or medical service. We can only try to provide accurate and authoritative information in regard to the subject matter covered. If legal advice or other expert assistance is required, the services of a competent professional in that area should be sought.