You've Heard of Medicare and ERISA Liens, but What About the Federal Medical Care Recovery Act? The Federal Law Controlling the Veterans Administration and Tricare’s Subrogation Rights to Personal Injury Settlements

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Claims adjusters are frequently warned to identify and resolve Medicare and Employee Retirement Income Security Act (“ERISA”) liens before finalizing settlements in personal injury claims. But there is another federal law creating reimbursement and subrogation rights against third-party claims of which you should be equally aware—the Federal Medical Care Recovery Act (“FMCRA”) under 42 U.S.C. §§ 2651-2653.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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