West Virginia has no hospital lien statute that we found, gives Medicaid a priority right on the part of your settlement allocated to past medical expenses with a pro rata fee share and a $20,000 exemption, and, according to a compendium, applies made-whole and common fund to health plans while treating a settlement as fixing whether you were made whole. Enter the settlement and each claim to see what is left for you.
Enter the settlement, your attorney's fee and costs, and each claim.
The Medicaid rules are in W. Va. Code 9-5-11. Medicare recovers under the federal Medicare Secondary Payer statute, and the deadline to sue is in 55-2-12.
Learn how Medicare and West Virginia Medicaid recover from a settlement, what a compendium says about health plan reimbursement, and how provider bills differ from liens.
A local personal injury attorney can review your claim — many offer a free consultation.
This is an estimate for general guidance only and is not legal advice. Figures are based on the cited West Virginia statutes. Confirm how these rules apply to your specific case with a licensed West Virginia attorney.