Medicare has a legal right to be repaid from a personal injury settlement for any “conditional payments” it made for accident-related care. In North Carolina, you (or your attorney) should open a recovery case with Medicare, obtain and correct the conditional payment list, report the settlement, then pay Medicare’s Final Demand within 60 days to avoid interest. Do not send money until Medicare issues that Final Demand.
You’re asking: in North Carolina, how do I clear a Medicare lien so my injury settlement can be paid? You received a Medicare letter that says not to send payment yet, and you have an active injury claim. You want to know what that notice means and the steps to resolve it before funds are disbursed.
Under federal Medicare rules, when Medicare pays for accident-related treatment, it must be reimbursed from any liability settlement. In North Carolina practice, settlements usually aren’t disbursed until Medicare confirms the amount due. Medicare first issues a preliminary list of bills (often called a conditional payment letter). After you report the final settlement, Medicare issues a Final Demand, which must be paid within 60 days to avoid interest. If a case involves a minor, an incompetent person, or a wrongful death estate, a judge or the Clerk of Superior Court may need to approve the settlement and distributions, and lien resolution is addressed before funds are released.
Apply the Rule to the Facts: Your letter is likely Medicare’s initial notice that a recovery case is open and that you should not pay yet. The next step is to review the conditional payment list for unrelated charges, then report your final settlement so Medicare issues a Final Demand reflecting any allowed reduction for attorney’s fees and costs. Paying that Final Demand within 60 days will clear the Medicare claim and allow disbursement.
To resolve a Medicare lien before your settlement is paid in North Carolina, open a recovery case with Medicare, verify and dispute any unrelated charges, report the settlement, and pay the Final Demand within 60 days. This clears Medicare’s claim so funds can be released. Next step: have your attorney use the MSPRP to obtain the conditional payment summary and, once you settle, request the Final Demand and pay it by the 60‑day deadline.
If you're dealing with a Medicare lien on an injury settlement, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].
Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.