Why does the other person party want to know if I have Medicaid or Medicare?

UPDATED: Oct 1, 2022

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Why does the other person party want to know if I have Medicaid or Medicare?

The at-fault driver’s insurer wants to know if I have Medicaid or Medicare. I was in an auto accident in VA; I live in NC. The insurer has admitted their insured’s fault and wants me to sign HIPPA and medical release forms. I honestly don’t want to because I have all my medical bills and medical records already from each visit. They want my SSN, as well because they said that federal law requires them to provide information concerning my Medicare/Medicaid eligibility. I have Medicaid but I didn’t use Medicaid for any of my doctor bills. Why do they care? What will it do for my claim?

Asked on July 18, 2019 under Personal Injury, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They want to know because they don't have to pay for your medical costs to the extent that you have something else (e.g. Medicaid) which *could* pay those costs, even if you happen to choose to not use it. Their obligation, if their driver was at fault, is to pay for medical costs of yours which would not be covered from some other source.

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