Frequently Asked Questions - Casualty/Tort Recovery

WHAT IS THE DIFFERENCE BETWEEN MEDICAID AND MEDICARE?

In broad, general terms, Medicaid is health insurance for the indigent; Medicare is health insurance for the elderly and disabled. Medicaid is a State administered health insurance program overseen by the federal Centers for Medicaid and Medicare Services (CMS). Medicare is a federally administered program. A person may have both Medicaid and Medicare. The Colorado Tort Recovery Unit is only responsible for the identification and recovery of Medicaid paid funds. We have nothing to do with Medicare. The Medicare Secondary Payor (MSP) Unit is responsible for the identification and recovery of Medicare funds.

DOES THE STATE OF COLORADO CONTRIBUTE TO ATTORNEY'S FEES AND COSTS FOR RECOVERY IN A SETTLEMENT OR LAWSUIT THAT INVOLVES A MEDICAID CLIENT?

Pursuant to Colorado Revised Statutes Section 25.5-4-301 Colorado HCPF, under certain circumstances, will pay its reasonable share of attorney fees not to exceed twenty-five percent of the department's lien.

HOW IS PAYMENT MADE?

Payment can be made in the form of a personal check, money order, or cashier's or certified check. It must be written payable to: Colorado Department of Health Care Policy and Financing and mailed to the Colorado Recovery Unit.